^ 


GIFT  OF 


REVISED  ORDINANCES 


OF   THE 


CITY  or  AUSTIN. 


''t:'i 


I 


V 


o^d^ 


AUSTIN.  TEXAS: 

VON  BOECKM ANN-JONES  CO.,  PRINTERS 

1908 


MAYOES    OF   THE    CITY   OF   AUSTIN,   TEXAS,   FROM   THE 
FOUNDATION  OF  THE  CITY  GOVERNMENT. 

Edwin  Waller.  B.  F.  Carter.  Jno.  W.  Robertson. 

S.  G.  Haynie.  Jas.  W.  Smith.  Joseph  Nalle. 

Geo.  J.  Durham.  W.  H.  Carr.  Jno.  McDonald. 

Thos.  Wm.  Ward.  Leander  Brown.  Lewis  Hancock. 

Jno.  S.  Ford.  Jno.  W.  Glenn.  Jno^-.D.  McCall. 

J.  T.  Cleveland.  T.  B.  Wheeler.  R.  E.  White. 

E.  R.  Peck.  J.  C.  DeGress.  W.  D.  Shelley. 
Thos.  E.  Sneed.  L.  M.  Crooker.  F.  M.  Maddox. 

W.  A.  Saylor. 

PRESENT  CITY  OFFICERS. 

F.  M.  Maddox Mayor. 

W.  D.  Hart City  Attorney. 

Jno.  0.  Johnson City  Clerk. 

W.  J.  Morris City  Marshal. 

Fred  Sterzing City  Assessor  and  Collector. 

Henry  Ziller Assistant  City  Assessor  and  Collector. 

August  Ziller Assistant  City  Assessor  and  Collector. 

Jas.  W.  Loving City  Physician. 

G.  S.  Iredell City  Engineer. 

Wm.  Von  Rosenberg City  Recorder. 

J.  W.  Cloud Assistant  City  Attorney. 

W.  L.  Nitschke City  Sexton. 

H.  A.  Wroe *. . . .  City  Treasurer. 

BOARD  OF  ALDERMEN. 

W.  D.  Miller First  Ward. 

W.  C.  Redd First  Ward. 

W.  J.  SuTOR Second  Ward. 

A.  E.  CuNEO Second  Ward. 

Tom  D.  Smith Third  Ward. 

L.  M.  Crooker Third  Ward. 

Chas.  J.  Armstrong Fourth  Ward. 

J.  M.  Meredith Fourth  Ward. 

Henry  Petri Fifth  Ward. 

C.  J.  WiLHELM Fifth  Ward. 

Fred  A.  Scott Sixth  Ward. 

Harry  L.  Haynes Sixth  Ward. 

C,  B.  MoRELAND Seventh  Ward. 

C.  W.  Moore Seventh  Ward. 

WATER  AND  LIGHT  COMMISSIONERS. 

Geo.  L.  Hume.  R.  A.  Thompson. 

D.  H.  Caswell.  J.  P.  Schneider. 

R.  C.  Brooks, 
Superintendent  Water  and  Light  Plant. 


S9711>J 


REVISED  ORDINANCES 


OF  THE 


CITY  OF  AUSTIN. 


AN  ORDINANCE  TO  ADOPT  AND  ESTABLISH  THE  REVISED  ORDINANCES 
OF  THE  CITY  OF  AUSTIN. 


Whereas,  It  is  expedient  that  the  general  ordinances  of  the  City  of 
Austin  should  be  arranged  in  appropriate  titles,  chapters  and  articles, 
that  the  omissions  and  defects  therein  should  be  supplied  and  remedied ; 
and  that  the  whole  should,  as  far  as  practicable,  be  made  concise,  plain 
and  intelligible;  therefore, 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  following  titles,  chapters''and  articles  shall  hereafter  constitute 
and  be  the  Revised  Ordinances  of  the  City  of  Austin,  towit : 

Title  I.     "Additions  to  City,  and  Maps  Thereof." 
Chapter  1.     "Regulation  of,"  Articles  1  to  4,  inclusive. 

Title  II.     "Animals." 

Chapter  1.  "Prevention  of  Cruelty  to,"  Articles  5  and  6. 

Chapter  2.  "Prevent  Running  at  Large,"  Articles  7  to  30,  inclusive. 

Chapter  3.  "Dogs,"  Articles  21  to  33,  inclusive. 

Chapter  4.  "Hogs,"  Article  34. 

Chapter  5.  "Dead  Bodies  of,"  Articles  35  to  39,  inclusive. 

Title  III.     "Auctions  and  Auctioneers." 
Chapter  1.     "Regulation  of,"  Articles  40  to  43,  inclusive. 

Title  IV.     "Automobile.-'." 
Chapter  1.     "Regulation  of  Use  of,"  Articles  44  and  45. 

Title  V.     "Bill  Posters." 
Chapter  1.     "Regulation  of,"  Articles  46  and  47. 

Title  VI.     "Birds." 
Chapter  1.     "Protection  of,"  Articles  48  and  49. 


^YiSffD  Ordinances  OF  the  City  of  Austin. 


Title  VII.     "Buildings  in  City." 
Chapter  1.     "Eegulation  of,"  Articles  50  to  55,  inclusive. 
Chapter  2,     "Unsafe,  Kemoval  of,"  Articles  56  to  58,  inclusive. 

Title  VIII.     "Calendar  of  City." 

Chapter  1.     "Year,  Fiscal,"  Article  59. 

Chapter  2.     "Day,  Eight-Hour,"  Articles  60  to  62,  inclusive. 

Chapter  3.     "Time,  Standard,"  Article  63. 

Title  IX.     "Cemeteries." 

Chapter  1.  "Designation,"  Articles  64  to  75,  inclusive. 

Chapter  2.  "The  Sexton,"  Articles  76  to  87,  inclusive. 

Chapter  3.  "Regulation  of,"  Articles  88  to  99,  inclusive. 

Chapter  4.  "Burial  Without,  Prohibited,"  Articles  100  and  101. 

Title  X.     "Corporation  Court." 

Chapter  1,     "Establishing  and  Regulating,"  Articles   102  to   135,  in- 
clusive. 
Chapter  2.     "The  Recorder,"  Articles  136  to  141,  inclusive. 

Title  XI.     "Council,  City." 

Chapter  1.     "Organization  and  Procedure,"  Articles  142   to   157,   in- 
clusive. 
Chapter  2.     "Powers  of,'^  Articles  158  to  175,  inclusive. 
Chapter  3.     "Requirements  of,"  Articles  176  to  180,  inclusive. 
Chapter  4.     "Proceedings  of  May  Be  Published,"  Article  181. 

Title  XII.     "Elections." 

Chapter  1.     "Regulation  of,"  x4rticles  182  to  190,  inclusive. 
Chapter  2.     "Contest  of,"  Articles  191  to  196,  inclusive. 

Title  XIII.     "Fire,  Protection  Against." 

Chapter  1.     "Fire  Department,"  Articles  197  to  253,  inclusive. 

1.  "Organization,"  Articles  197  to  222,  inclusive. 

2.  "Fire  Limits,"  Article  223. 

3.  "Fire  Regulations,"  Articles  224  to  229,  inclusive. 

4.  "Foreman,"  Articles  230  to  234,  inclusive. 

5.  "Drivers,"  Articles  235  to  239,  inclusive. 

6.  "Hose,"  Articles  240  to  242,  inclusive. 

7.  "General  Rules,"  Articles  243  to  251,  inclusive. 

8.  "Firemen's  Cemetery  Lot,"  Article  252. 

9.  "Uniforms,"  Article  253. 

Chapter  2.     "Buildings  and  Supplies,"  Articles  254  to  262,  inclusive. 


Eevised  Ordinances  of  the  City  of  Austin,  6 

Chapter  3.  "Chimneys,  Flues,  and  Fireworks,"  Articles  26^to  273,  in- 
elusive. 

Chapter  4.  "Theaters  or  Places  of  Public  Amusement,"  Articles  274 
to  284,  inclusive. 

Chapter  5.  "Petroleum,  Crude,  Eegulating  Use  of,"  Articles  285  to 
287,  inclusive. 

Title  XIV.     "Fi^hr 
Chapter  1.     "Catch  of  Regulated,"  Articles  288  and  289. 

Title  XV.     "Gaming." 
Chapter  1.     "Prohibiting,"  Articles  290  to  297,  inclusive. 

Title  XVI.     "Gas  and  Ligliting." 
Chapter  1.     "Generally,"  Articles  298  to  303,  inclusive. 

Title  XVII.     "Hacks  and  Other  Vehicles." 
Chapter  1.     "Public,   for  Hire,   Regulated,"  Articles   304  to  317,  in- 
clusive. 

Title  XVIII.     "Malicious  Mischief." 
Chapter  1.     "Offenses  Constituting  and  Punishment,"  Articles  318  to 
324,  inclusive. 

Title  XIX.     "Misdemeanors." 
Chapter  1.     "Definition    and    Punishment,"    Articles    325  to  328,    in- 
clusive. 
Title  XX.    "Money  and  Funds,  and  Bonds  and  Warrants  of  the  City." 
Chapter  1.     "Money  and  Funds,"  Articles  329  to  333,  inclusive. 
Chapter  2.     "Bonds,"  Articles  334  to  337,  inclusive. 
Chapter  2a.     "Refunding  Bonds,"  Articles  338  to  355,  inclusive. 
Chapter  2b.     "Refunding  Bonds,"  Articles  356  to  359,  inclusive. 
Chapter  5.     "Warrants,"  Articles  360  to  366,  inclusive. 

Title  XXI.     "Nuisances." 
Chapter  1.     "Spitting  on  Sidewalks,"  etc.,  Article  367. 
Chapter  2.     "Drum  Beating,"  Article  368. 
Chapter  3.     "Brush,  etc.,  on  Vacant  Lots,"  Articles  369  and  370. 

Title  XXII.     "Officers  of  the  City." 
Chapter  1.     "Generally." 

1.  "The   Ofiicers  and   Their   Qualification   and   Elec- 

tion," Articles  371  to  375,  inclusive. 

2.  "Installation  of,"  Articles  376  to  379,  inclusive. 

3.  "Impersonation  of,"  Article  380. 

4.  "Receipt  for  Property,"  Articles  381  and  382. 


6  Eevised  Ordinances  of  the  City  of  Austin. 

5.  "Eeports  of/'  Article  383. 

6.  "Absence  from  City,"  Article  384. 

7.  "Eesignation  of,"  Article  385. 

8.  "Eemoval  and  Suspension  of,"  Articles  386  to  392, 

inclusive. 

9.  "Vacancies,"  Articles  393  to  396,  inclusive.  ' 
Chapter  2.     "The  Mayor,"  Articles  397  to  413,  inclusive. 
Chapter  3.     "The  City  Marshal,"  Articles  414  to  433,  inclusive. 
Chapter  4.     "The  City  Clerk,"  Articles  434  to  446,  inclusive. 
Chapter  5.     "The  City  Attorney,"  Articles  447  to  450,  inclusive. 
Chapter  6.     "The  City  Assessor  and  Collector,"  Articles  451  to  464, 

inclusive. 
Chapter  7.     "The  City  Treasurer,"  Articles  465  to  477,  inclusive. 
.Chapter  8.     "The  City  Physician,"  Articles  478  to  487,  inclusive. 
Chapter  9.     "The  City  Engineer,"  Articles  488  to  500,  inclusive. 
Chapter  10.     "The    City    Water,    Light    and    Power    Commissioners," 

x4rticles  501  to  511,  inclusive. 
Chapter  11.     "The  City  Aldermen,"  Articles  512  to  518,  inclusive. 
Chapter  12.     "Other  Officers  of  the  City,"  Article  519. 

1.  "Generally,"  Article  519. 

2.  "Police  Force,"  Articles  520  to  549,  inclusive. 
Chapter'  13.     "Dual  Office  and  Interest  in  Contract  of  City  Prohibited," 

Article  550. 
Chapter  14.     "Salaries,"  Articles  551  to  563,  inclusive. 

Title  XXIII.     "Official  Bonds." 

Chapter  1.     "Eegulation  of,"  Articles  564  to  565. 

Title  XXIV.     "Ordinances." 

Chapter  1.     "Enactment,    etc.,    Eegulated"    Articles    566    to    585,    in- 
clusive. 

Title  XXV.     "I'arTcs—City." 

Chapter  1.     "Generally,"  Articles  586  and  587. 

Chapter  2.     "Pease  Park,"  Articles  588  to  592,  inclusive. 

Chapter  3.     "Building  on.  Prohibited,"  Articles  593  to  595,  inclusive. 

Title  XXVI.     "Pawnhrolcrsr 
Chapter  1.     "Eegulating  Business  of,"  Articles  596  to  599,  inclusive. 

Title  XXVII.     "Plumbing." 

Chapter  1.     "Examining  and  Supervising  Board  of  Plumbers,"  Articles 

600  to  606,  inclusive. 
Chapter  2.     "Plumbing  Eegulated,"  Articles  607  to  645,  inclusive. 


Kevised  Ordinances  of  the  City  of  Austin. 


Title  XXVIII.     "Printing— City." 
Chapter  1.     "Regulation  of,"  Article  646. 

Title  XXIX.     ''Public  Health." 

Chapter  1.     "Board  of  Public  Health,"  Articles  647  to  649,  inclusive. 

Chapter  2.     "Sanitary  Inspector,"  Articles  650  to  657,  inclusive. 

Chapter  3.     "Food,"  Articles  658  to  661,  inclusive. 

Chapter.  4.  "Water— For  Use  and  Stagnant,"  Articles  662  to  673,  in- 
clusive. 

Chapter  5.     "Trash,"  etc..  Articles  674  to  679,  inclusive. 

Chapter  6.     "Unclean  Premises,"  etc.,  Articles  680  to  693,  inclusive. 

Chapter  7.     "Removal  of  Filth,"  etc..  Articles  694  to  699,  inclusive. 

Chapter  8.     "Pigeons,"  Articles  700  and  701. 

Chapter  9.  "Schools — Public  and  Private,  Sanitary  Regulations  of 
Same,"  Articles  702  to  707,  inclusive. 

Chapter  10.     "Disease — Contagious,"  Articles  708  to  720,  inclusive. 

1.  "Generally,"  Articles  708  to  716,  inclusive. 

2.  "Smallpox,"  Articles  717  to  720,  inclusive. 
Chapter  11.     "Hospitals — City,"  x\rticles  721   to  738,  inclusive. 

Title  XXX.     "Public  Place." 
Chapter  1.     "Definition,"  Article  739. 

Title  XXXI.     "Public  Safety  and  Morality." 

Chapter  1.     "Regulation  of,"  Articles  740  to  747,  inclusive. 

Title  XXXII.     "Purchases  of  City." 

Chapter  1.     "Regulated,"  Articles  748  to  753,  inclusive. 
Chapter  2.     "Payment  for,"  Articles  754  to  757,  inclusive. 

Title   XXXIII.     "Railroads." 

Chapter  1.     "Movement  of  Cars,  etc.,  Regulated,"  Articles  758  to  762, 

inclusive. 
Chapter  2.     "Trespassing,  Prohibited,"  Articles  763  and  764. 
Chapter  3.     "Passengers  Alighting,  Protected,"  Articles  765  and   766. 

Title  XXXIV.     "Raihmys— Street." 

Chapter  1.     "Generally,"  Articles  767  to  777,  inclusive. 

Chapter  2.     "Separate    Compartments    for    'Whites'    and    'Xegroes,' " 

Articles  778  to  787,  inclusive. 
Chapter  3.     "Gong  or  Bell,"  Articles  788  and  789. 

Title  XXXV.     "Saloons,  etc." 
Chapter  2.     "Regulation  of,"  Articles  790  to  798,  inclusive. 


8  Eevised  Ordinances  of  the  City  of  Austin. 

Title  XXXVI.     "Streets,  Sidewalks,  Bridges  and  Thoroughfares." 

Chapter  1.     "Generally,"  Articles  799  and  800. 

Chapter  2.  "Street  and  Sewer  Commissions,"  Articles  801  to  804,  in- 
clusive. 

Chapter  3.  "Improvements  of  and  Work  On,"  Articles  805  to  833, 
inclusive. 

1.  "Generally,"  Articles  805  and  806. 

2.  "Funds  for,"  Articles  807  to  811,  inclusive. 

3.  "General  Supervision  of  Work,"  Article  812. 

4.  "Street  Foreman,"  Articles  813  to  816,  inclusive. 

5.  "City  Teams,"  etc.,  Articles  817  to  819,  inclusive. 

6.  "Grades,"  Articles  820  and  821. 

7.  "Digging  in  Regulated,"  Articles  822  and  823. 
Chapter  4.     "Street  Paving,"  Articles  824  to  839,  inclusive. 
Chapter  5.     "Gutters,"  Articles  840  and  841. 

Chapter  6.     "Streets  and  Alleys,"  Articles  842  to  871,  inclusive. 

1.  "Named  and  Designated,"  Articles  842  to  845,  in- 
clusive. 

3.  "ISTumbering  of  Houses,"  Articles  846  to  850,  in- 
clusive. 

3.  "Opening  and  Changing,"  Articles  851  to  856,  in- 

clusive. 

4.  "Dri\ang  on  Regulated,"  Articles  857  to  862,  in- 

clusive. 

5.  "Kite  Flying,  etc.,  Prohibited,"  Article  863. 

.     6.     "Playing  Ball,   etc.,   Prohibited,"   Articles   864  to 
866,  inclusive. 

7.  "Staking  and  Grazing  on  Prohibited,"  Article  867. 

8.  "Alleys  Are  Thoroughfares,"  Articles  868  and  869. 

9.  "Telegraph,  etc.,  Poles,"  Articles  870  and  871. 
Chapter  7.     "Sidewalks,"  Articles  872  to  887,  inclusive. 

1.  "Building  of  Regulated,"  Articles  872  to  878,  in- 

clusive. 

2.  "Display  of  Meat,  etc.,  Prohibited,"  Articles  879 

to  882,  inclusive. 

3.  "Use  of  Regulated,"  Articles  883  and  884. 

4.  "Awnings,"  Articles  885  to  887,  inclusive. 
Chapter  8.     "Bridges,"  Articles  888  to  897,  inclusive. 

1.  "Avenue  Bridge,"  Articles  888  to  895,  inclusive. 

2.  "Geperally,"  Article  896. 

3.  "Ferries  and  Toll  Bridges,"  Article  897. 
Chapter  9.     "Use  of,  Guarded  and  Regulated,"  Articles  898  to  942,  in- 
clusive. 


Kevised  Ordinances  of  the  City  of  Austin.  9 

1.  "Sleeping  on,  Prohibited,"  Article  898. 

2.  "Signs,"  Article  899. 

3.  "Use  of  With  Animals  Eegnlated,"  Article  900. 

4.  "Obstructions,"  Articles  901  to  914,  inclusive. 

5.  "Openings,"  Articles  915  to  917,  inclusive. 

6.  "Posters,    Signs,"    etc..    Articles    918    to    924,    in- 

clusive. 

7.  "Bicycles,"  etc..  Articles  925  to  927,  inclusive. 

8.  "Vending  on  Prohibited,"  Articles  928  to  942,  in- 

clusive. 

Title  XXXYII.     "Sunday." 

Chapter  1.     "Observance  of  Regulated,"  Articles  943  to  952,  inclusive. 

Title  XXXVIII.     "Taxation." 

Chapter  1.     "Property  Subject  to,"  Articles  953  to  960,  inclusive. 
Chapter  2.     "Amount  and  Purpose  of  Tax,"  Articles  961  and  962. 
Chapter  3.     "Tax  Lists  and  Listing  or  Assessing,"  Articles  963  to  995, 
inclusive. 

1.  "Generally,"  Articles  963  to  967,  inclusive. 

2.  "Listing  and  Assessing  Eegulated,"  Articles  968  to 

995,  inclusive. 
Chapter  4.     "Board  of  Equalization,"  Articles  996  to  1009,  inclusive. 

1.     "Organization,   Its   Powers   and   Duties,"   Article? 
996  to  1006,  inclusive. 

2.  "Certified   Lists   of   Changes,"   Articles    1007    and 

1008. 

3.  "Appeal  from  Action  of,"  Article  1009. 
Chapter  5.     "Payment  of,"  Articles  1010  to  1018,  inclusive. 
Chapter  6.     "Delinquent  Taxes,"  Articles  1019  to  1044,  inclusive. 
Chapter  7.     "Occupation  Tax,"  Articles  1045  to  1064,  inclusive. 
Chapter  8.     "School  Tax,"  Article  1065. 

Title  XXXIX.     "Theater?,  Circuses,  Public  Balls  and  Public  Dance 

Houses." 

Chapter  1.     "Regulation  of,"  Articles  1066  to  1077,  inclusive. 
Chapter  2.     "Exhibition  of  During  County  Fair  Prohibited,"  Articles 
.  1078  to  1080,  inclusive. 

Title  XL.     "Vagrants." 

Chapter  1.     "Who  Are,"  Articles  1081  and  1082. 

Title  XLI.     "Wards." 

Chapter  1.     "Xamed  and  Bounded,"  Articles  1083  to  1090,  inclusive. 


10  Revised  Ordinances  of  the  City  of  Austin. 

Title  XLll.     "Water  and  Light  Plant." 

Chapter  1.  "Regulating  Water"  Articles  1091  to  1097,  inclusive. 

Chapter  2.  "Regulating  Lights/'  Article  1098. 

Chapter  3.  "Electric  Railroad  Warning,"  Article  1099. 

Chapter  4.  "Wiring,  etc.,  Generally,"  Articles  1100  to  1112,  inclusive. 

Title  XLIII.     "Weights  and  Measures." 
Chapter  1.     "Regulation  of,"  Articles  1113  and  1114. 

Sec.  2.     That   all   ordinances  and   parts  of  ordinances  passed   and 

effective  on  or  prior  to  ....   day  of ,  1907,  other  than  said 

Revised  Ordinances,  and  not  contained  in  said  Revised  Ordinances, 
whether  the  same  be  in  conflict  with  any  portion  of  said  Revised  Or- 
dinances or  not,  be  and  the  same  are  hereby  repealed ;  provided,  that  all 
rights  and  remedies  under  said  repealed  ordinances  and  parts  of  ordi- 
nances shall  be  saved  and  preserved;  and,  as  to  any  rights  thus  saved, 
the  remedies  prescribed  in  said  Revised  Ordinances  shall  be  regarded 
as  cumulative,  so  far  as  they  are  applicable. 

Sec.  3.  That  this  ordinance  and  the  said  Revised  Ordinances  of  the 
City  of  Austin  take  effect  and  be  in  force  from  and  after  the  day  on 
which  this  revision  of  the  ordinances  of  the  City  of  Austin  shall  be 
printed  in  book  form. 

Passed ,  1908. 

Approved  ,  1908. 


F.  M.   Maddox, 

Attest: 

Mayor  of  the  City  of  Austin, 

Jno.  0.  Johnson, 

City  Clerk. 

Revised  Ordinances  of  the  City  of  Austin.  11 


TITLE  I. 


ADDITIONS  TO  CITY  AND  MAPS  THEREOF. 


CHAPTER  I. 

regulation  of. 

Article  1.  That  it  shall  not  be  lawful  for  any  person,  company  or 
association  of  persons  to  lay  out  any  addition,  subdivision,  or  to  plat 
any  ground  in  the  City  of  Austin,  or  to  lay  out  and  call  for  on  said 
plat  any  street,  highway,  lane  or  alley  with  a  view  to  selling  any  lot  or 
piece  or  parcel  of  ground  according  to  and  as  designated  by  such  laying 
out,  subdivision  or  plat,  unless  a  copy  of  the  map  of  such  laying  out, 
subdivision  or  addition  be  first  filed  and  deposited  with  the  City  As- 
sessor. 

Article  2.  That  the  maps  called  for  in  the  preceding  article  shall 
show,  by  clear  delineations,  the  location  and  course  of  each  of  said 
lots,  streets,  highways,  lanes  and  alleys,  and  no  name  shall  be  given 
to  any  such  streets,  highways,  lanes  and  alleys  by  any  such  person, 
company  or  association  of  persons,  unless  the  consent  of  the  Mayor 
and  City  Council  be  first  had  and  obtained. 

Article  3.  That  it  shall  not  be  lawful  for  any  person,  company 
or  association  of  persons,  to  exhibit  any  map  whatsoever,  with  a  view  of 
making  or  endeavoring  to  make  a  sale,  or  offering  for  sale,  any  lot  or 
piece  or  parcel  of  ground  laid  down  on  said  map  of  any  addition,  sub- 
division or  laying  out  of  land,  lying  within  the  corporate  limits,  unless 
a  copy  of  said  map  shall  have  been  filed  in  the  office  of  the  City  Assessor. 

Article  4.  That  any  person,  company  or  association  of  persons,  who 
shall  violate  any  of  the  provisions  of  the  preceding  articles  of  this 
chapter  or  shall  refuse,  fail  or  neglect  to  comply  with  the  provisions 
thereof,  shall  be  fined  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars. 


12  Revised  Ordinaxces  of  the  City  of  Austin. 


TITTLE  II. 


ANIMALS. 


CHAPTER  I. 

PREVENTION    OF    CRUELTY    TO. 

Article  5.  It  shall  be  unlawful  for  aii3^one  to  cruelly  beat  or  other- 
wise cruelly  maltreat  any  dumb  animal  in  the  City  of  Austin,  or  to 
wantonly  kill,  maim,  wound,  poison  or  disfigure  any  horse,  ass,  mule, 
cattle,  sheep,  swine,  dog  or  beast  of  any  kind,  or  to  mutilate  or  cruelly 
kill  other  domestic  animals,  or  overdrive,  or  override,  or  overload,  or 
unnecessarily  confine,  or  in  any  maimer  oppress  the  same,  or  to  un- 
necessarily fail  to  provide  the  same  with  proper  food,  or  drink,  or 
shelter,  or  drive,  or  work,  or  use  the  same  when  such  animal  is  maimed, 
wounded,  sick,  lame,  or  otherwise  unfit  for  labor,  or  to  wilfully  abandon 
same  to  die,  or  to  carry,  or  cause  the  same  to  be  carried,  hauled  or 
forced  along  in  a  cruel  or  inhumane  manner,  or  leave  any  animal 
tied  up  or  overchecked  or  confined  anywhere,  day  or  night,  without 
proper  feeding  and.  caring  for  the  same;  provided,  however,  that  this 
article  is  not  to  be  construed  to  prevent  policemen,  or  other  persons, 
from  killing  dogs  when  lawfully  entitled  to  do  so;  provided  further, 
that  this  article  is  in  nowise  to  be  construed  to  prevent,  or  in  any  way 
interfere,  with  the  killing  of  any  animal,  fowl  or  beast  for  scientific 
purposes. 

Article  6.  Any  person  who  shall  violate  the  preceding  article  shall 
be  fined  not  less  than  five  dollars  nor  more  than  twenty-five  dollars  for 
each  and  every  separate  offense. 

CHAPTER  II. 

PREVENT    RUNNING   AT    LARGE. 

Article  7.  That  if  the  owner,  keeper,  or  person  in  charge  of  any 
horse,  mule,  jack,  jennet,  cow,  cattle,  hog,  sheep  or  goat  shall  suffer 
or  permit  the  same  to  run  at  large  at  any  time  within  the  corporate 
limits  of  the  City  of  Austin,  State  of  Texas,  north  of  the  Colorado 
River,  he  shall  be  deemed  guilt)'  of  a  misdemeanor,  and  on  conviction 
shall  be  fined  in  any  sum  not  less  than  five  (5)  dollars  nor  more  than 
one  hundred    (100)   dollars  for  each  of  such  animals  suffered  or  per- 


Eevised  Ordinances  of  the  City  of  Austin.  13 

mitted  to  run  at  large  within  said  territory;  provided,  however,  that 
such  stock  may  run  at  large  within  the  corporate  limits  of  the  City 
of  Austin  outside  of  the  following  limits,  towit: 

Beginning  at  the  mouth  of  Waller  Creek,  on  the  Colorado  Eiver; 
thence  in  a  northerly  direction  with  the  meanderings  of  said  creek  to 
Fifth  Street;  thence  easterly  with  the  center  of  Fifth  Street  to  Chicon 
Street;  thence  in  a  northerly  direction  with  the  east  line  of  Chicon  Street 
to  the  Manor  road;  thence  in  a  westerly  direction  with  the  north  side 
of  the  Manor  road  to  and  across  the  Cameron  road,  and  in  a  westerly 
direction  with  the  north  line  of  Hancock  Street  to  Waller  Creek;  thence 
up  Waller  Creek  with  its  east  bank  to  Duval  Street;  thence  northerly 
with  the  east  line  of  Duval  Street  to  the  northeast  corner  of  Hyde 
Park  Annex;  thence  in  a  westerly  direction  with  the  north  line  of 
Hyde  Park  Annex"  to  the  Georgetown  road ;  thence  westerly  across  the 
Georgetown  road  and  with  the  north  line  of  the  Lunatic  Asylum  grounds 
to  the  northwest  comer  of  same;  thence  in  a  southerly  direction  with 
the  east  line  of  the  Spear  league  to  a  point  where  said  east  line  of  the 
Spear  league  first  intersects  with  Shoal  Creek;  thence  down  Shoal 
Creek  with  its  east  bank  to  Twelfth  Street;  thence  with  the  north  line 
of  Twelfth  Street  to  Blanco  Street;  thence  in  a  southerly  direction  with 
the  west  line  of  Blanco  Street  to  the  Colorado  Eiver;  thence  down  the 
Colorado  Eiver  with  its  meanderings  to  the  place  of  beginning;  pro- 
vided, that  as  to  goats  this  limitation  of  territory  shall  not  apply,  and 
that  goats  shall  not  be  allowed  to  be  at  large  within  the  city  limits. 

Article  8.  The  City  Marshal  shall  establish  a  public  pound  at 
such  place  as  he  may  select,  and  it  shall  be  his  duty  to  take  up,  or 
cause  to  be  taken  up,  any  animal  mentioned  in  the  preceding  article 
found  running  at  large  in  this  city  contrary  to  said  article,  and  im- 
pound same  in  the  public  pound,  and  in  one  day  thereafter  he  shall  post 
at  as  many  as  five  public  places  in  the  city,  one  of  which  shall  be  at 
the  City  Hall,  a  notice  giving  an  accurate  description  of  such  animal, 
together  with  the  marks  and  brands  thereon,  if  any,  and  the  time  and 
place  of  the  sale  of  same,  and  at  the  expiration  of  five  days  from  the 
posting  of  such  notice  the  City  Marshal  shall  sell  such  animal  at  the 
public  pound  at  public  outcry  to  the  highest  bidder  for  cash. 

Article  9.  The  City  Council  shall,  on  the  nomination  of  the  Mayor 
or  any  Alderman,  elect  a,  Poundmaster  for  the  City  of  Austin,  who 
shall  exercise  all  the  powers  of  a  policeman,  and  who  shall  hold  his 
office  for  a  period  of  one  year,  and  who  shall  discharge  such  duties  as 
are  now  or  may  hereafter  be  prescribed  by  ordinance,  and  shall  receive 
an  annual  salary  of  nine  hundred  dollars,  to  be  paid  in  monthly  in- 
stallments. 

Article  10.     There  shall  be  collected  a  fee  of  one  dollar  per  head  for 


14  Bevised  Ordinances  of  the  City  of  Austin. 

taking  up  and  impounding  any  such  animals,  and  fifty  cents  a  head  per 
day  for  feeding  and  taking  care  of  the  same;  and  after  deducting  such 
fees  and  costs  from  the  proceeds  of  the  sale,  the  balance  of  the  funds 
shall  be  deposited  with  the  City  Assessor  and  Collector,  subject  to  the 
order  of  the  owner  of  such  animal.  If  no  owner  shall  call  for  the 
amount  within  thirty  days  after  being  so  deposited  with  the  City  As- 
sessor and  Collector,  it  shall  be  paid  into  the  city  treasury.  At  any 
time  within  six  months  after  the  sale  of  such  animal  the  owner  may 
apply  to  the  City  Council,  and,  upon  satisfactory  proof  of  such  owner- 
ship, he  shall  be  entitled  to  the  amount  deposited  in  his  name  on  account 
of  such  sale,  after  paying  such  costs  as  may  be  necessar}-  to  establish 
his  ownership  or  right  thereto. 

Article  11.  The  owner  or  keeper  of  any  such  animal  may  reclaim 
the  same  from  the  public  pound  at  any  time  before  the  sale  by  paying 
the  fees  and  all  expenses  prescribed  in  the  preceding  article. 

Article  12.  At  any  time  within  one  year  from  the  sale  the  owner 
of  any  animal  impounded  and  sold  under  the  provisions  of  this  chapter 
shall  have  the  right  to  redeem  the  same  by  paying  to  the  purchaser 
thereof  double  the  amount  bid  by  him  for  such  animal,  and  his  reason- 
able expenses  in  keeping  the  same. 

Article  13.  The  City  Marshal  shall  record  in  a  book  kept  for  that 
purpose  the  number  and  kind  of  animals  impounded,  the  date  of  im- 
pounding, the  date  of  sale,  the  amount  realized  by  the  sale  of  each 
animal  or  by  the  same  being  reclaimed  before  sale,  the  name  of  the 
owner,  if  known,  and  the  name  of  the  purchaser.  And  tbe  City  Marshal 
shall  make  a  monthly  report  of  the  same  to  the  City  Council  at  its  first 
regular  meeting  in  each  month. 

Article  14.  If  at  the  time  of  the  sale  no  purchaser  can  be  found 
for  any  of  the  animals  so  impounded,  the  City  Marshal  may  kill  such 
animals  and  have  their  bodies  removed  beyond  the  city  limits  and  de- 
posited as  required  by  ordinance. 

AjRTiCLE  15.  If  any  person  shall  interfere  with  the  City  Marshal  in 
the  discharge  of  his  duty  in  taking  up,  impounding  and  selling  animals 
running  at  large  in  this  city,  or  shall  interfere  with  any  of  his  ap- 
pointees, deputies  or  agents  in  the  discharge  of  such  duty,  he  shall  be 
fined  not  less  than  ten  nor  more  than  one  hundred  dollars. 

Article  16.  If  any  person  shall  drive, .toll,  or  otherwise  get  or 
bring  into  the  city  or  within  the  prohibited  limits  any  animal  belong- 
ing to  another,  with  the  intent  or  for  the  purpose  of  getting  the  same 
into  the  public  pound,  or  shall  unchain,  unhitch,  or  in  any  manner  let 
loose  or  let  out  of  any  enclosure  whatever,  any  such  animal  for  the 
purpose  or  with  the  intent  to  get  the  same  into  the  public  pound,  he 


Eevised  Ordinances  of  the  City  of  Austin.  15 

shall  be  fined  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars. 

Article  17.  If  the  owner  or  keeper  of  any  horse,  mule,  jack,  jennet 
or  any  other  animal  known  to  be  diseased  with  the  glanders,  or  any  other 
contagious  disease,  shall  use  or  permit  the  same  to  run  at  large  in  this 
city,  he  shall  on  conviction  be  fined  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Article  18.  If  any  person  shall  drive  or  cause  to  be  driven  any 
horses,  mules,  jacks,  jennets,  cattle,  hogs,  sheep,  goats  or  any  other 
animals  in  droves,  through  Congress  Avenue  or  Sixth  Street;  or  if 
any  person  shall  drive  or  cause  to  be  driven  any  such  droves  through 
any  other  part  of  the  city  without  having  them  guarded  by  a  sufficient 
number  of  drivers  to  keep  them  under  good  control  so  that  they  do 
not  run  away  or  injure  any  person  or  property,  he  shall  be  punished 
by  a  fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  19.  If  any  person  shall  hitch,  or  tie,  or  leave  standing  any 
stallion,  jackass  or  bull  in  any  of  the  streets,  alleys  or  other  public 
places,  except  within  an  enclosure,  within  the  City  of  Austin;  or  if  any 
person  shall  keep  any  stallion,  jackass  or  bull  for  service  to  mares, 
jennets  or  cows  in  any  open  lot,  or  other  open  place  in  this  city,  he 
shall  be  punished  by  a  fine  of  not  less  than  five  nor  more  than  one 
hundred  dollars. 

Article  20.  That  whoever  shall  hitch  or  fasten  any  horse,  or  other 
animal,  to  any  awning  post,  lamp  post,  shade  tree  or  building  upon 
Congress  Avenue,  north  of  Cypress  Street,  or  on  Pecan  Street  east  of 
Guadalupe  Street  and  west  of  Waller  Creek,  or  to  any  awning  post, 
lamp  post,  fence,  railing  or  building  elsewhere  in  this  city  not  owned 
and  controlled  by  him,  her  or  them,  without  the  consent  of  the  person 
owning  or  controlling  the  same,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  fined  not  less  than  five  nor  more 
than  one  hundred  dollars. 

CHAPTER  III. 

DOGS. 

Article  21.  It  shall  be  the  duty  of  the  Mayor  of  the  city,  at  any 
season  or  time  when  there  are,  in  his  opinion,  mad  or  rabid  dogs  within 
or  near  the  city,  and  the  public  health  or  safety  is  thereby  endangered, 
to  issue  his  proclamation  forbidding  the  running  at  large  of  any  dogs 
not  muzzled,  and  he  may  offer  for  their  destruction  such  premium  as 
he  may  deem  proper;  and  he  may  require  any  and  all  policemen  to 
destroy  any  dog  found  at  large  in  violation  of  such  proclamation. 

Article  22.     A  registration  fee  of  one  dollar  is  hereby  levied  an- 


16  Revised  Ordinances  of  the  City  of  Austin. 

nually  on  each  and  every  dog  or  bitch  owned  or  harbored  within  the  city 
limits  of  the  City  of  Austin,  and  allowed  to  be  registered  under  the 
regulations  herein  contained.  Said  registration  fee  shall  be  due  and 
payable  on  the  first  day  of  June  of  each  year,  and  it  is  hereby  made 
the  duty  of  every  owner  of  any  such  dog  or  bitch,  or  anyone  who  shall 
harbor  any  such  dog  or  bitch,  to  pay  over  to  the  City  Assessor  and  Coh 
lector  the  said  fee  on  or  before  the  first  day  of  June  in  each  year. 

Article  23.  On  the  tender  of  the  registration  fee  provided  for  in 
Article  22,  the  City  Assessor  and  Collector  shall,  if  he  be  of  the  opinion 
that  the  dog  offered  for  registration  is  a  fit  subject  therefor  under  the 
provisions  of  this  ordinance,  furnish  the  owner  or  harborer  thereof 
with  a  metal  plate,  which  shall  bear  some  stamp  and  number  to  be 
determined  by  the  Mayor;  and  the  owner  or  harborer  shall  securely 
fasten  same  to  a  collar,  which  shall  be  worn  by  the  dog  or  bitch  at  all 
times  said  animal  shall  run  at  large,  except  as  hereinafter  prescribed. 

Article  24.  The  City  Assessor  and  Collector  shall  record  in  a  well 
bound  book  kept  by  him  for  that  purpose,  a  statement  concerning  each 
dog  registered  by  him  and  said  statement  shall  show  the  name,  number 
and  sex  of  each  dog  registered,  the  name  of  the  owner  or  harborer 
thereof  and  his  place  of  residence. 

Article  25.  The  City  Council  shall  elect  a  dog  catcher  at  a  salary 
of  fifty  dollars  per  month  and  an  assistant  dog  catcher  at  a  salary  of 
thirty  dollars  per  month  for  the  months  of  June,  July,  August,  Septem- 
ber and  October. 

Article  26.  It  shall  be  the  duty  of  the  City  Marshal  to  erect  a 
pound  suitable  for  the  impounding  of  all  dogs,  as  hereinafter  provided, 
at  such  place  as  he  may  deem  suitable,  which  pound  shall  be  under  his 
control.  It  shall  also  be  the  duty  of  the  City  Marshal  to  cause  all  dogs 
found  running  at  large  within  the  ciy  limits  not  wearing  a  collar  and 
registration  tag  to  be  taken  and  impounded.  He  shall  see  to  the  proper 
care  of  all  dogs  impounded,  and  shall  deliver  each  impounded  dog  to 
its  owner,  or  the  purchaser  thereof,  upon  an  order  from  the  City  As- 
sessor and  Collector  and  the  payment  of  all  costs  hereinafter  provided 
for. 

Article  27.  Hereafter  when  any  dog  found  at  large  on  the  streets 
of  the  City  of  Austin,  and  taken  up  in  accordance  with  the  ordinances 
now  in  force  regarding  the  impounding  of  dogs,  is  so  impounded  by  the 
Cit}'  of  Austin,  the  owner  caring  to  redeem  such  dog  shall,  in  addition 
to  providing  a  tag  required  by  the  ordinances  of  the  City  of  Austin, 
pay  to  the  City  Collector  of  Austin  the  sum  of  one  dollar,  said  one  dollar 
so  paid  to  be  paid  to  the  City  of  Austin  for  the  keeping  of  said  dog 
while  so  impounded. 

Article  28.     Each  dog  not  redeemed  by  its  owner  within  three  full 


Eevised  Ordinances  of  the  City  of  Austin.  17 

days  after  the  same  shall  have  been  impounded  shall  be  allowed  to  be 
redeemed  upon  the  application  of  any  person  who  bids  therefor  the 
largest  sum  during  the  fourth  day  after  such  dog  has  been  impounded; 
provided  the  sum  so  bid  shall  equal  or  exceed  the  costs  accrued  against 
such  dog;  and  all  dogs  not  redeemed  under  the  provisions  hereof  within 
four  full  days  after  same  shall  have  been  impounded  shall  be  destroyed 
by  the  City  Marshal. 

The  City  Assessor  and  Collector  shall  pay  into  the  city  treasury  to  the 
credit  of  the  general  fund  all  money  accruing  under  the  above  pro- 
visions. 

Article  29.  It  shall  be  the  duty  of  the  dog  catcher  to  report  in 
writing  to  the  City  Council  at  least  once  per  month  the  total  number 
of  dogs  impoimded,  the  total  number  of  dogs  redeemed,  and  the  total 
number  of  dogs  executed  under  this  and  existing  ordinances. 

Article  30.  It  shall  not  be  lawful  for  any  person  to  permit  any 
bitch  belonging  to  him  to  run  at  large  when  in  heat,  and  any  person 
violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  by  fine  of  not  less  than 
five  nor  more  thaii  one  hundred  dollars  for  each  and  every  offense,  and 
such  bitch  shall  be  liable  to  be  impounded  in  the  public  pound. 

Article  31.  It  shall  not  be  lawful  for  any  person  to  keep  any  dan- 
gerous or  vicious  dog  within  the  limits  of  this  city  at  any  time  unless 
same  is  kept  at  all  times  securely  chained,  and  no  dog  or  bitch,  whether 
usually  dangerous  and  vicious  or  not,  shall  be  allowed  or  permitted  by 
the  owner  or  harborer  thereof  to  run  at  large  within  the  corporate  limits 
of  this  city,  whether  it  be  in  company  with  its  owner  or  harborer  or  other- 
wise, between  the  first  day  of  June  and  the  first  day  of  November  of 
each  year,  unless  such  dog  or  bitch  shall  have  been  first  registered  in 
accordance  with  the  foregoing  regulations. 

Article  33.  And  if  any  person  shall  make  affidavit  before  the 
Mayor  or  Recorder  that  any  dog  has  bitten  or  attempted  to  bite  any 
person  in  this  city,  and  it  shall  appear  that  the  person  so  bitten  or  at- 
tacked was  not  at  the  time  trespassing  on  the  person  or  property  of  the 
owner  or  keeper  of  such  dog,  it  shall  be  the  duty  of  the  Mayor  or  Re- 
corder to  direct  the  owner  or  keeper  of  such  dog  to  kill  the  same,  or  to 
remove  the  same  permanently  beyond  the  city  limits  within  six  hours 
from  the  time  of  service  of  such  notice.  And  any  person  violating  any 
of  the  provisions  of  this  article  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  fine  of  not  less  than  five  nor  more 
than  one  hundred  dollars  for  each  and  every  such  offense,  and  each  and 
every  day  of  such  violation  shall  constitute  a  separate  offense. 

Article  33.  Any  person  or  persons  who  shall  interfere  with  the 
Ciiy  Marshal  or  any  of  his  assistants  in  the  discharge  of  their  duties  in 


18  Eevised  Ordinances  of  the  City  or  Austin. 

carting,  carrying  away  or  impounding  dogs  as  hereinbefore  provided, 
or  shall  in  any  manner  interfere  with  the  pound  or  an}  person  in  charge 
thereof,  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction 
thereof  shall  be  fined  not  less  than  five  nor  more  than  one  hundred 
dollars. 

CHAPTER  IV. 

HOGS. 

Article  34.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  keep  any  hogs  in  pens  or  otherwise  within  the  hereinafter  prescribed 
limits  of  the  City  of  Austin :  Beginning  on  Comal  Street  on  the  north 
bank  of  the  Colorado  Eiver;  thence  in  a  northerly  direction  with  said 
Comal  Street  to  Nineteenth  Street;  thence  with  Nineteenth  Street  in 
a  westerly  direction  to  Waller  Creek;  thence  with  the  meanders  of  Wal- 
ler Creek  to  Twenty-ninth  Street;  thence  with  Twenty-ninth  Street 
to  Rio  Grande  Street;  thence  with  Rio  Grande  Street  to  Nineteenth 
Street ;  thence  with  Nineteenth  Street  to  Shoal  Creek ;  thence  south  with 
Shoal  Creek  to  Twelfth  Street ;  thence  west  to  Blanco  Street ;  thence  with 
Blanco  Street  to  the  Colorado  River;  thence  with  the  meanders  of  the 
Colorado  River  east  to  the  place  of  beginning,  or  for  any  person,  firm 
or  corporation  to  keep  more  than  two  hogs  in  pens,  or  otherwise,  outside 
of  the  prescribed  limits  of  the  City  of  Austin  north  of  the  Colorado 
River,  and  any  person,  firm  or  corporation  violating  the  provisions 
hereof  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
shall  be  fined  in  any  sum  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars. 

CHAPTER  V. 

DEAD    BODIES    OF, 

Article  35.  Hereafter  it  shall  be  unlawful  for  any  person  to  bury, 
burn  or  otherwise  dispose  of  the  dead  body  or  carcass  of  any  cow,  calf, 
ox,  bull,  horse,  mare,  mule,  colt,  stallion,  jack  or  jennet,  within  the 
corporate  limits  of  the  city  of  Austin,  or  within  one  thousand  yards 
thereof,  except  by  complying  with  the  regulations  hereinafter  prescribed. 

Article  36.  Hereafter,  whenever  any  animal  enumerated  in  the 
preceding  article  shall  die  within  the  corporate  limits  of  said  city,  it 
shall  be  the  duty  of  the  owner  thereof,  or  of  the  person  in  possession  of 
such  animal,  if  the  owner  be  not  in  possession  thereof  at  the  time  of 
its  death,  to  apply  to  the  City  Police  Clerk  for  a  permit  to  have  the 
l)ody  or  carcass  of  such  animal  buried  in  the  city  burying  grounds  to  be 
selected  by  the  sanitary  ojficer;  and  it  shall  be  the  duty  of  the  City 
Police  Clerk  to  issue  such  permit  to  any  person  who  shall  apply  to 


Eevised  Ordinances  of  the  City  of  Austin.  19 

him  therefor,  upon  payment  to  him  by  such  person  of  one  dollar  for 
such  permit,  which  money  shall  be  paid  into  the  city  treasury. 

Article  37.  There  shall  be  appointed  by  the  City  Sanitary  Officer  an 
assistant,  and  it  shall  be  the  duty  of  said  assistant  to  bury  in  the  city 
burying  grounds,  without  additional  expense  to  the  owner,  the  body  or 
carcass  of  each  animal  for  which  a  burial  permit  has  issued  and 
been  presented  to  him. 

Article  38.  The  assistant  provided  for  herein  shall  receive  as  com- 
pensation for  his  services  a  fee  of  one  dollar  for  such  burial  performed 
by  him. 

Article  39.  If  any  person  shall  hereafter  deposit,  place  or  leave 
within  the  corporate  limits  of  this  city  or  within  one  thousand  yards 
thereof,  or  shall  cause  the  same  to  be  done,  the  dead  body  or  carcass 
of  any  animal  mentioned  herein,  and  belonging  to  him  or  dying  in 
his  possession,  or  shall  fail  to  dispose  of  same  in  accordance  with  the 
regulation  herein  prescribed,  he  shall  be  fined,  upon  conviction,  not 
less  than  five  nor  more  than  one  hundred  dollars  for  each  offense. 


20  Eevised  Ordinances  of  the  City  of  Austin. 


TITLE  III. 


AUCTIONS  AND  AUCTIONEERS. 


CHAPTEE  I. 

regulation  of. 

Article  40.  If  any  auctioneer  or  other  person  shall  sell  at  auction 
any  horse,  mule  or  ox  without  first  requiring  from  the  party  for  whom 
such  sale  is  made  a  written  statement  signed  by  him  of  the  manner  in 
which  and  the  name  and  residence  of  the  person  from  whom  he  acquired 
such  animal,  or  if  any  auctioneer  shall  fail  to  keep  a  record  of  such 
statement,  together  with  an  accurate  description  of  the  animal  sold,  the 
names  and  residence  of  the  seller  and  purchaser,  he  shall  be  punished  by 
a  fine  of  not  less  than  fifty  nor  more  than  one  hundred  dollars. 

Article  41.  It  shall  be  unlawful  to  sell  any  animals  at  auction  in  this 
city,  except  the  said  sale  is  made  by  auctioneers  duly  licensed  by  the  City 
of  Austin ;  provided,  that  such  sales  shall  only  be  made  in  stables,  stock- 
yards, enclosed  lots,  or  on  the  public  streets,  except  that  no  such  sales 
shall  be  made  on  Congress  Avenue  or  on  Sixth  Street;  or  to  sell  or  auc- 
tion any  personal  property  other  than  animals,  except  in  a  regular  auc- 
tion room,  store  house,  or  other  house,  and  any  person  violating  any  of 
the  provisions  of  this  article  shall  be  punished  by  a  fine  of  not  less  than 
five  nor  more  than  one  hundred  dollars. 

Article  42.  The  provisions  of  the  preceding  article  shall  not  apply 
to  legal  sales  made  by  officers  of  any  court  or  by  their  authority  nor 
to  sales  required  by  law  or  by  the  terms  of  any  trust  or  power  to  be 
made  at  any  particular  place  or  in  any  particular  manner. 

Article  43.  If  any  auctioneer  in  pursuing  his  occupation  shall  make 
any  greater  cry  than  is  actually  necessary  or  act  in  a  manner  so  boister- 
ous as  to  disturb  the  peace  of  others  he  shall  be  punished  by  a  fine  of  not 
less  than  five  nor  more  than  one  hundred  dollars. 


Eevised  Ordinances  of  the  City  of  Austin.  21 


TITLE  IV. 


AUTOMOBILES. 


CHAPTER  I. 

REGULATION  OF  USE  OF. 

Article  44.  Each  and  every  owner,  lessee,  manager,  driver  or  any 
other  person  in  control  of  any  automobile  running  on  any  of  the  public 
streets  or  alleys,  or  other  public  places  of  the  City  of  Austin,  shall  comply 
with  the  following  regulations  in  operating  or  running  any  automobile 
within  the  corporate  limits  of  said  city. 

1.  No  automobile  shall  be  operated  along  or  over  the  public  streets, 
or  alleys  of  the  city,  or  other  public  place  within  the  corporate  limits 
of  the  city,  unless  the  owner,  lessee,  manager,  or  other  person  in  control 
of  said  automobile  shall  have  first  procured  a  number,  at  least  six 
inches  high,  which  number  shall  be  placed  and  kept  on  the  rear  of  such 
automobile  whenever  the  same  is  being  run  along  any  public  street  or 
alley  or  other  public  place  in  the  city.  When  such  number  is  applied  for, 
the  City  Clerk  shall  take  the  name  of  the  owner,  lessee,  manager  or 
other  person  in  control  of  said  automobile,  together  with  a  brief  de- 
scription of  said  automobile,  by  name  of  makers  or  other  means  of  iden- 
tification, horsepower,  etc.,  and  shall  register  the  same  in  a  well  bound 
l)ook  in  his  office  to  be  kept  for  that  purpose.  Whenever  there  shall 
be  any  change  in  ownership  of  any  such  automobile,  .such  fact  shall  at 
once  be  made  known  to  the  City  Clerk,  who  shall  note  same  on  the  regis- 
try above  required  for. 

2.  No  automobile  shall  be  driven  or  propelled  along  the  streets,  alleys 
or  other  public  places  of  the  city  at  a  greater  rate  of  speed  than  twelve 
miles  per  hour,  and  shall  not  be  driven  along  that  portion  of  Congress 
Avenue  between  Eleventh  Street  and  First  Street,  or  along  Sixth  Street 
between  East  Avenue  and  West  Avenue,  or  south  Congress  Avenue  to 
south  side  of  Deaf  and  Dumb  Institute  and  street  surrounding  Blind  In- 
stitute, at  a  speed  exceeding  eight  miles  per  hour,  nor  shall  any  automo- 
bile turn  the  corner  of  any  street  within  the  limits  bounded  by  the 
Colorado  River,  East  Avenue,  West  Avenue  and  Nineteenth  Street,  or 
any  street  along  which  a  street  railroad  runs,  at  a  speed  greater  than  six 
miles  per  hour,  and  no  automobile  shall  be  driven  or  propelled  along  or 


22  Revised  Ordinances  of  the  City  of  Austin, 

across  the  bridge  at  the  foot  of  Congress  Avenue  over  the  Colorado  Eiver 
at  a  speed  greater  than  four  miles  per  hour. 

3.  No  automobile  shall  be  run  or  operated  at  night  along  the  public 
streets  or  alleys,  or  other  public  places  of  the  city  without  at  least  two 
lamps  showing  white  lights  in  front  and  red  on  reverse,  or  in  Jieu  of 
two  showing  such  red  on  reverse,  one  red  light  may  be  suspended  on 
rear  of  such  automobile. 

Article  45.  Any  person  violating  any  of  the  provisions  hereof  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  fined  in  any  sum  not  less  than  ten  nor  more  than  one  hundred  dollars. 


Eevised  Ordinances  of  the  City  of  Austin.  23 


TITLE  V. 


BILL  POSTERS. 


CHAPTEE  I. 

REGULATION  OF. 

Article  46.  If  any  person  shall  in  this  city  post  any  bills^,  notices  or 
advertising  cards,  or  shall  tack  up  any  advertising  cards  or  notices  in 
tin,  wood  or  other  material,  or  print  or  letter  words  or  pictures  on 
fences  or  other  places  as  a  means  of  advertising,  for  compensation, 
without  first  paying  the  amount  of  license  tax  assessed  upon  such  occupa- 
tion by  the  City  Council,  and  obtaining  a  license  therefor,  he  shall  be 
find  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  47.  If  any  bill  poster  shall  charge  any  more  than  the  fol- 
lowing rates,  towit : 

Theatrical  sheets,  per  sheet,  5  cents;  local  full  sheets,  4  cents;  half 
sheets,  3  cents ;  quarter  sheets,  2  cents ;  eighth  sheets,  2  cents ;  dodgers,  1 
cent;  snipes,  per  thousand,  $5.00,  he  shall  be  punished  by  a  fine  not  less 
than  five  nor  more  than  one  hundred  dollars. 


24  Eevised  Ordinances  of  the  City  of  Austin, 


TITLE  VT. 


BIRDS. 


CHAPTEB  I. 

PROTECTION  OF. 

Article  48.  Whoever,  in  this  city,  shall  kill  or  wound  any  bird,  not 
his  or  her  own  property,  when  the  same  is  actually  in  the  possession  of 
another,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  punished  by  fine  of  not  less  than  five  nor  more  than  one  hundred 
dollars. 

Article  49.  It  shall  not  be  lawful  for  any  person  or  persons  to 
kill,  capture  or  destroy  any  mocking  bird,  or  other  native  singing  bird, 
in  the  limits  of  the  City  of  Austin,  or  to  rob  the  nest  or  destroy  the  nest 
of  any  such  bird  or  birds,  or  for  any  person  or  persons  to  peddle,  sell 
or  offer  for  sale,  on  the  streets  or  elsewhere  in  the  limits  of  the  City  of 
Austin,  mocking  birds  or  other  native  singing  birds,  and  any  person 
violating  any  of  the  provisions  of  this  article  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  fined  not  less  than  five  nor 
more  than  one  hundred  dollars. 


Revised  Ordinances  of  the  City  of  Austin.  25 


TITLE  VIT. 


BUILDINGS  IN  CITY. 


CHAPTEK  I. 
REGULATION  OF. 

Article  50.  Hereafter  it  shall  be  the  duty  of  any  person  who  desires 
to  erect  any  building  within  the  city  limits  of  the  City  of  Austin,  or  to 
make  any  addition  to  any  building  within  the  city  limits  of  the  City  of 
Austin,  to  obtain  from  the  Assessor  and  Collector  of  Taxes  of  the  City  of 
Austin  a  permit  in  writing  before  he  commences  the  erection  of  said 
building  or  addition. 

Article  51.  It  shall  not  be  lawful  for  any  person  or  persons  other 
than  the  owner  of  said  proposed  building  to  obtain  the  permit  except  as 
provided  in  Article  53. 

Article  52.  The  application  for  the  permit  shall  state,  among  other 
things,  under  oath  of  the  applicant,  the  location  by  an  accurate  descrip- 
tion of  the  lot  or  parcel  of  land  on  which  the  proposed  building  or  ad- 
dition is  to  be  erected,  and,  if  possible,  it  shall  give  the  description  of 
the  land  by  lot  number,  block  number,  subdivision,  outlot,  division  or 
original  grantee,  if  in  acreage,  etc.,  so  that  the  Assessor  can  identify  the 
property  wath  ease;  that  it  shall  also  state  the  contract  price  or  actual 
cost  of  the  building  or  addition  to  be  erected;  that  it  shall  also  state 
whether  one  or  two  story,  the  character,  kind  and  description  of  the 
proposed  improvement  or  building,  that  is,  whether  the  same  is  a  dwell- 
ing, store  house,  or  barn,  etc.,  and  of  what  material  the  same  is  to  be 
constructed,  provided,  however,  that  if  the  owner  of  said  building  or 
proposed  addition  or  improvement  is  not  a  resident  of  the  City  of  Austin, 
or  is  away  from  the  City  of  Austin,  his  duly  authorized  agent  or  con- 
tractor who  is  to  construct  said  building  or  improvement  or  addition 
thereto  shall  make  affidavit  before  the  Assessor  and  Collector  of  Taxes; 
and  shall  be  and  become  responsible  under  the  law  for  a  misstatement 
of  the  true  facts  as  contained  in  said  affidavit,  and  that  in  addition  to  the 
facts  as  alleged,  as  required  by  this  affidavit,  the  party  making  the 
affidavit  in  lieu  of  the  owner,  shall  state  in  said  affidavit  that  the  owner  or 
person  in  control  of  said  property  is  absent  from  the  city,  and  state  the 
reason  for  the  owner's  not  making  affidavit. 

Article  53.     The  provisions  of  this  chapter  shall  not  be  construed  in 


26  Revised  Ordinaxces  of  the  City  of  Austin". 

any  manner  so  as  to  affect  the  ordinances  with  reference  to  the  kind  of 
buildings  or  the  construction  of  buildings  within  the  fire  limits  of  the 
City  of  Austin. 

Article  54.  Any  person,  firm  or  corporation  who  shall  erect  a  build- 
ing or  improve  or  add  to  a  building,  as  contemplated  by  this  ordinance, 
without  first  obtaining  a  permit,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  in  the  Corporation  Court,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars,  and  that  each 
day  that  the  said  person,  firm  or  corporation  shall  persist  in  continuing 
to  erect  said  building  or  improvement  shall  constitute  a  separate  offense 
within  the  meaning  of  this  ordinance. 

Article  55.  All  improvements  hereafter  to  be  made  or  houses  to  be 
built  in  this  city  fronting  on  any  street,  alley  or  square,  must  be  made 
to  conform  to  the  allignment  of  same,  as  fixed  by  the  City  Engineer ;  any 
person  violating  the  provisions  of  this  article  shall  be  deemed  guilty 
of  a  misdemeanor. 

CHAPTER  II. 

unsafe REMOVAL  OF. 

Article  56.  The  City  Engineer  is  instructed  and  empowered  to 
inspect  all  buildings,  other  structures  and  premises  in  the  City  of  Austin 
and  to  condemn,  repair  or  remove  such  structures,  premises  and  build- 
ings when  found  to  be  in  a  dangerous  condition,  and  when  any  building, 
awning  or  structure,  or  part  thereof,  within  the  corporate  limits  of  the 
City  of  Austin  shall  become  unsafe  and  dangerous  to  life,  limb  or 
property  from  any  cause,  it  shall  be  the  duty  of  the  City  Engineer  to  in- 
form the  owner,  agent  or  occupant  of  its  condition  and  notify  him  or 
them  to  remove  the  same  within  twenty-four  hours ;  provided,  however, 
that  in  the  event  there  is  not  immediate  or  imminent  danger  of  the 
falling  of  said  structure  the  City  Engineer  give  to  the  owner,  agent  or 
occupant  two  days'  notice  of  his  decision  in  the  matter,  and  within  which 
time  the  said  owner,  agent  or  occupant  shall  be  allowed  to  show  cause  to 
said  City  Engineer  why  said  property  or  structure  should  not  be  con- 
demned and  is  not  unsafe,  and  if  at  such  time  the  said  engineer  shall, 
after  hearing  the  reasons  for  and  against  said  proposition,  still  deem  said 
structure  a  menace  to  public  safety  or  dangerous,  the  owner,  occupant 
or  agent  shall,  within  twenty-four  hours  from  the  notice  of  his  decision, 
tear  down  said  structure  so  condemned ;  and  provided  further,  that  the 
decision  of  the  said  City  Engineer  as  to  whether  or  not  the  structure  in 
controversy  is  a  menace  to  public  safety  or  dangerous  shall  be  final. 

Article  57.  That  any  person,  firm,  corporation,  owner,  agent  or  oc- 
cupant who,  after  receiving  notice  as  provided  in  the  preceding  article, 
fails  to  comply  therewith  within  the  time  prescribed  therein,  shall  be 


Eevised  Ordinances  of  the  City  of  Austin.  27 

deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars. 

Article  58.  Any  building,  awning,  gallery,  shed,  porch  or  other 
structure,  in  this  city,  which  has  or  shall  become  dangerous  to  persons 
using  the  streets,  sidewalks  or  alleys,  from  age,  use  or  other  cause,  shall 
be  deemed  a  nuisance.  It  shall  be  the  duty  of  the  City  Marshal  to  inform 
the  agent,  owner  or  occupant  thereof  of  its  condition,  and  to  notify  him 
to  remove  the  same  three  days  from  the  time  such  notice  is  given;  and 
a  failure  to  comply  with  such  notice  shall  be  deemed  a  misdemeanor  and 
punished  by  a  fine  of  not  less  than  five  nor  more  than  two  hundred  dol- 
lars, and  each  day  of  such  failure  shall  constitute  a  separate  offense. 
After  conviction  of  the  offense  defined  in  this  article  it  shall  be  the  duty 
of  the  City  Marshal  to  remove  such  dangerous  structure  at  the  expense  of 
the  owner  thereof. 


28 .  Revised  Ordinances  of  the  City  of  Austin. 


TITLE  VIII. 


CALENDAR  OF  CITY. 


CHAPTER  I. 
YEAR FISCAL. 

Article  59,  The  fiscal  year  of  the  city  shall  be  from  and  including 
the  first  day  of  January  of  each  year  to  and  including  the  thirty-first  day 
of  December  of  said  year. 

CHAPTER  II. 

DAY EIGHT-HOUR. 

Article  60.  Eight  hours  shall  constitute  a  day's  labor  on  all  work 
performed  for  the  city  by  mechanics,  artisans  and  laborers,  whether  per- 
formed directly  for  the  city  or  indirectly  by  contract;  the  minimum 
wage  to  be  not  less  than  $1.7o  per  day  and  $3.00  per  man  and  team, 
except  where  otherwise  provided  by  charter  provision. 

Article  61.  Any  city  official  or  person  in  authority  having  control  or 
direction  of  mechanics,  artisans  or  laborers,  working  for  the  City  of 
Austin  in  any  branch  of  the  municipal  service,  who  shall  require  or 
permit  any  mechanic,  artisan  or  laborer  to  work  more  than  eight  hours 
within  one  calendar  day,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction shall  be  fined  in  any  sum  not  less  than  five  dollars  nor  more  than 
two  hundred  dollars;  provided,  that  this  penalty  shall  not  apply  when 
work  is  done  in  emergency  caused  by  burst  water  or  gas  pipes,  fires,  floods, 
storms  or  similar  calamities,  the  judge  or  jury  trying  the  case  to  be  the 
exclusive  judges  of  what  constitutes  an  emergency  as  contemplated  by 
this  act;  and  provided  further^  that  any  member  of  a  board  or  commit- 
tee directing  or  sanctioning  a  violation  of  the  provisions  of  this  act 
shall  be  absolved  from  the  punishment  herein  provided  upon  the  pro- 
duction of  proof  that  he  voted  against  the  action  of  the  board  or  com- 
mittee which  is  responsible  for  the  violation  of  this  ordinance. 

Article  62.  Any  contractor  or  subcontractor  doing  work  for  the  city 
who  shall  violate  the  provisions  of  this  ordinance  shall  be  punished  as 
provided  in  the  preceding  article,  and  in  addition  shall  forfeit  his  con- 
tract and  the  same  shall  terminate  immediately  upon  his  conviction. 


Ee VISED  Ordinances  of  the  City  of  Austin,  29 

CHAPTER  III. 

time — standard. 

Article  63.  The  standard  time  now  in  use  by  the  railway  companies 
in  this  section  of  the  United  States  shall  be  the  official  time  of  the  City 
of  Austin,  and  the  city  officers  and  employes  shall  conform  thereto. 


30  Eevised  Ordinances  of  the  City  of  Austin. 


TITLE  IX. 


CEMETERIES. 


CHAPTEE  I. 

DESIGNATION  OF. 

Article  6-1.  The  tract  of  land  lying  within  the  limits  of  the  City 
of  Austin,  and  heretofore  set  apart  for  burial  purposes,  with  its  divisions 
of  portions,  blocks,  lots  and  places  for  single  interments,  as  now  minutely 
described  upon  the  map  of  the  same  now  on  file  in  the  office  of  the  City 
Assessor  and  Collector,  together  with  any  and  all  additions  hereafter 
made  thereto,  and  such  other  tract  or  tracts  of  land  as  may  hereafter 
be  dedicated  by  the  City  Council  for  cemetery  purposes,  shall  be  and 
the  same  are  hereby  designated  as  Oakwood  or  City  Cemetery. 

Article  65.  The  streets  and  avenues  in  said  cemetery  shall  bear  the 
following  names,  towit:  Main  Avenue,  commencing  at  the  west  en- 
trance and  running  due  east  to  the  dead  house;  Central  Avenue,  com- 
mencing at  the  south  entrance  and  running  due  north  to  the  extreme 
limits  of  said  cemetery;  divert  Avenue,  commencing  at  Lot  No.  286 
and  running  due  east  to  the  limits  of  the  cemetery;  East  Avenue,  West 
Avenue,  South  Street,  North  Street,  beginning  on  east  side  the  streets 
shall  bear  the  following  names:  First  street  shall  be  East  Street;  sec- 
ond street  shall  be  Shady  Glen ;  third  street  shall  be  Fern  Dale ;  fourth 
street  shall  be  Sunny  Side;  fifth  street  shall  be  Central  Avenue;  sixth 
street  shall  be  Bonita  Street;  seventh  street  shall  be  De  Fleury  Street; 
eighth  street  shall  be  Eosedale  Street;  ninth  street  shall  be  Woodland 
Street;  tenth  street  shall  be  West  Avenue. 

Article  66.  The  paths  beginning  at  west  entrance  and  running  north 
and  south  shall  be  designated  by  the  letters  of  the  alphabet,  commencing 
with  the  letter  "A."  The  paths  beginning  on  the  south  fence  and  run- 
ning east  and  west  shall  be  designated  by  numbers,  commencing  with 
number  one. 

Article  67.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation 
to  use  or  permit  their  servants,  agents  or  employes  to  use  any  of  the 
streets  within  the  city  cemetery  of  the  City  of  Austin  for  the  purposes 
of  hauling  heavy  mateHals  or  wagons  on  or  through  the  same,  and  it 
shall  further  be  unlawful  for  any  person,  firm,  or  corporation  to  use  said 
streets  within  the  city  cemetery  of  the  City  of  Austin  in  traveling  through 


.Eevised  Ordinances  of  the  City  of  Austin,  31 

said  cemetery  and  in  going  to  and  from  place  to  place  in  the  City  of 
Austin;  provided,  however,  that  this  ordinance  shall  not  apply  to  per- 
sons going  in  said  cemetery  for  business  purposes  connected  with  said 
cemetery,  nor  shall  it  apply  to  persons  having  lots  or  graves  in  said  cem- 
etery who  desire  to  visit  said  lots  or  graves  in  said  cemetery,  but  it  shall 
be  limited  to  the  visiting  of  graves  in  said  cemetery  by  persons  having 
graves  or  lots  in  said  cemetery,  and  for  business  purposes,  and  any  other 
use  of  said  streets  shall  be  in  violation  of  this  ordinance. 

Article  68.  Any  person  violating  the  provisions  of  the  preceding 
article  shall  be  .deemed  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars. 

Article  69.  The  City  Assessor  and  Collector  shall  keep  in  his  office 
a  cemetery  book  of  record,  and  a  map  of  the  cemetery,  each  showing 
the  names  of  the  portions,  numbers  of  the  blocks,  lots  and  parts  of  lots, 
and  places  for  single  interments,  and  by  whom  owned  or  occupied;  and 
whenever  any  block,  part  of  a  block,  lot,  part  of  lot,  or  place  for  single 
interment  shall  be  sold  to  any  person  or  persons,  the  Mayor  shall,  on 
payment  of  the  money  to  the  Assessor  and  Collector,  make  and  deliver  a 
deed  therefor  to  the  purchaser  thereof,  and  the  Assessor  and  Collector 
shall  enter  such  sale  on  his  book  of  record,  paying  over  said  amounts  to 
the  Treasurer,  on  his  receipt  therefor,  and  shall  mark  the  same  on  his 
map. 

Article  70.  The  City  Assessor  and  Collector  shall  place  the  lots 
and  burial  spaces  embraced  therein  on  sale  for  cash  to  any  and  all 
persons  desiring  to  purchase  same  for  burial  purposes  at  prices  as  fol- 
lows: $75  per  lot;  $40  per  half  lot;  $25  per  quarter  lot;  $5  per  space 
for  single  burial  spaces,  except  single  burial  spaces  for  children  under 
five  years  of  age,  for  which  spaces  he  shall  receive  $3  each;  provided 
such  officer  shall,  prior  to  selling  any  lot  or  burial  space  applied  for, 
require  satisfactory  evidence  from  the  applicant  for  the  purchase  of  same 
that  it  is  intended  to  be  used  immediately  for  burial  purposes;  not  more 
than  one  lot  shall  be  sold  to  the  same  person  or  family. 

Article  71.  It  shall  hereafter  be  unlawful  for  any  person,  firm, 
association  of  persons  or  corporations,  owning  or  maintaining  any  cem- 
etery or  cemeteries  within  the  corporate  limits  of  the  City  of  Austin  for 
the  purpose  of  selling  lots  therein  for  the  burial  of  dea  1  human  bodies, 
or  the  employe  or  agent  of  any  such  person,  firm,  association  of  persons  or 
corporation,  or  the  officer  of  any  such  firm,  association  of  persons  or 
corporation  to  charge  or  accept  or  to  offer  to  charge  or  accept  as  the 
purchase  price  for  any  such  cemetery  lot  or  lots,  either  directly  or  indi- 
rectly, any  sum  in  excess  of  the  maximum  price  fixed  for  such  lot  or  lots 
and  allowed  to  be  charged  therefor  by  the  ordinances  of  the  city,  under 


32  Eevised  Ordinances  of  the  City  of  Austin. 

and  by  virtue  of  which   such   cemetery   is  maintained,   or  by  virtue 
of  which  it  is  allowed  to  be  maintained  or  operated. 

Article  72.  Any  person,  firm,  corporation  or  association  of  per- 
sons or  any  agent,  employe  or  officer  mentioned  in  the  preceding  article 
hereof  who  shall  violate  any  of  the  provisions  of  this  ordinance^  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  one  hundred  dollars  and  not  more  than  two  hundred 
dollars. 

Article  73.  Whenever  a  person  or  persons  shall  desire  to  purchase 
from  the  City  of  Austin  a  lot  or  lots  in  the  city  cemetery  owned  by  the 
said  city,  it  shall  be  the  duty  of  the  Tax  Assessor  and  Collector  of  the 
City  of  Austin  to  prepare  a  deed  for  signature  for  said  property  and 
present  the  same  to  the  Mayor,  and  it  shall  be  the  duty  of  the  Mayor  to 
sign  said  d6ed  and  acknowledge  the  same  on  behalf  of  the  City  of  Austin. 

Article  74.     All  sales  shall  be  made  for  cash. 

Article  75.  A  schedule  showing  the  sale  of  all  lots  and  spaces  shall 
be  kept  posted  by  the  City  Sexton  in  a  conspicuous  place  in  the  cemetery 
grounds. 

CHAPTEE  II. 

the  sexton. 

Article  76.  The  City  Council  shall,  upon  the  nomination  by  the 
Mayor,  or  any  Alderman,  at  the  same  time  the  officers  of  the  city  are 
appointed,  elect  a  City  Sexton,  who  shall  have  the  superintendence  of  the 
City  Cemetery,  and  shall  be  ex-officio  a  police  officer  of  the  city  for  the 
purpose  of  enforcing  the  ordinances  of  the  city  within  the  cemetery 
limits.  He  shall  hold  his  office  for  two  years,  or  until  his  successor  is 
qualified,  and,  before  entering  upon  the  duties  of  his  office,  shall  execute 
a  bond,  payable  to  the  City  of  Austin,  in  the  sum  of  one  thousand 
dollars,  with  two  or  more  good  and  sufficient  sureties,  to  be  approved  by 
the  Mayor,  conditioned  for  the  faithful  performance  of  all  the  duties 
which  are  or  may  be  enjoined  upon  him  by  the  City  Council. 

Article  77.  For  any  neglect  or  violation  of  the  duties  prescribed  in 
this  charter,  or  by  ordinance  of  the  City  Council,  the  Mayor  may  sus- 
pend, or  by  and  with  the  consent  of  the  City  Council,  remove  the  City 
Sexton  from  office,  but  only  after  trial  as  in  case  of  other  city  officers. 

Article  78.  Whenever  the  City  Sexton  shall  have  been  suspended 
from  office  in  the  manner  above  set  forth,  the  Mayor  shall  appoint  some 
suitable  person  to  discharge  the  duties  of  the  office  during  the  period  of 
such  suspension;  and  in  case  of  removal,  the  City  Council,  upon  nomina- 
tion by  the  Mayor  or  any  Alderman,  shall  immediately  proceed  to  elect 
his  successor,  who  shall  hold  only  for  the  unexpired  term ;  and  in  case 


Revised  Ordinances  of  the  City  of  Austin.  33 

of  either  suspension  or  removal,  the  temporary  appointee  or  successor 
shall  give  bond  in  like  manner  as  prescribed  in  Article  74  preceding. 

Article  79.  The  Sexton  shall  keep  a  map  or  plat  of  the  portions  of 
the  cemetery  not  divided  into  blocks  and  lots,  and  also  a  record  book 
of  the  same;  and  whenever  any  burial  of  any  stranger,  pauper  or  other 
person  shall  have  been  made  in  such  portion,  shall  make  a  record  of  the 
same,  giving  a  description  of  the  spot,  name  of  the  person  so  buried,  if 
known,  and  mark  the  same  upon  his  map,  to  show  that  an  interment  has 
there  been  made,  and  report  the  same  to  the  Assessor  and  Collector. 

Article  80.  Whenever  any  party  shall  have  selected  for  purchase  any 
unoccupied  block,  lot  or  part  of  lot,  or  place  for  single  interment,  it  shall 
be  the  duty  of  the  Sexton  to  furnish  said  party  with  the  name  and  num- 
ber of  the  portion,  block  and  lot  so  selected,  and  certify  that  the  same  is 
open  for  selection,  so  that  the  Mayor  may  make  a  deed  therefor ;  but  the 
Sexton  is  not  authorized  to  make  any  sale  of  lots  or  ground  in  the  cem- 
etery; nor  shall  it  be  lawful  for  him  or  his  family  to  own  more  than 
one  block  in  the  cem.etery,  which  shall  be  in  one  piece,  and  shall  not  be 
sold  by  him  to  any  other  party. 

Article  81.  The  Sexton  shall  faithfully  inter  in  their  appropriate 
places  the  dead  bodies  of  all  persons  properly  presented  to  him  for  in- 
terment, and  it  is  hereby  made  the  duty  of  the  City  Sexton  that  when 
any  dead  body  or  bodies  are  to  be  interred  he  shall  at  all  such  occasions, 
including  his  assistants,  appear  and  be  clothed  in  white  coats,  white  collar 
and  darlv  pants,  which,  in  all  cases,  shall  be  neat  and  clean ;  whenever  a 
burial  shall  so  occur  as  herein  mentioned,  he  shall  prepare  in  advance 
the  ground  for  their  reception  in  a  proper  manner  and  as  promptly  as 
possible,  so  thai,  no  other  grave  or  lot  shall  be  covered  or  damaged, 
taking  care  that  no  grave  shall  be  less  than  four  feet  in  depth,  shall 
superintend  the  disposition  of  the  body,  and  shall  refill  and  properly 
finish  off  the  grave  after  the  body  has  been  buried,  preserve  order  and 
quiet  while  the  same  is  being  done,  and  for  his  services  he  shall  be  en- 
titled to  the  following  fees : 

For  digging  the  grave  and  for  the  interment  of  person  buried 

at  cost  of  city $  2  50 

For  digging  grave  and  interment  of  other  persons,  to  be  paid  by 

the  person  contracting  therefor 5  00 

For  disinterment,  removal  and  reinterment  of  a  body,  for  the 

whole  work 15  00 

For  superintending  the  work  and  interment  where  the  grave  is 

dug  by  others 2  00 

And  which  in  all  cases  include  the  cost  of  removing  dirt  and  cleaning 
up  the  streets;  and  that  the  City  of  Austin  purchase  a  canopy  of  suit- 


34  Eevised  Ordinaxces  of  the  City  of  Austin, 

able  design  to  be  used  for  the  protection  of  parties  during  rainy  or 
extremeU-  hot  weather. 

Article  82.  The  Sexton  shall  keep  a  register  of  the  dead  buried  in 
the  city  cemetery,,  designating  the  name,  age,  sex,  color,  place  of  birth, 
residence  and  death,  cause  of  death,  time  of  interment,  and  ijame  and 
number  of  portion,  block  and  lot,  or  part  af  lot,  in  which  interred,  and 
shall  keep  on  file  the  certificate  deceased  furnished  him  in  each  case,  and 
his  books  and  papers  shall  be  open  to  the  inspection  of  the  members  of  the 
Council,  Mayor,  or  other  city  officers,  at'  any  and  all  times. 

Article  83.  The  Sexton  shall  not  receive  within  the  cemetery  any 
corpse,  unless  the  bearer  or  bearers  thereof  shall  deliver  him  the  certifi- 
cate of  a  licensed  physician,  or  of  the  Mayor  or  some  magistrate  or  cor- 
oner, containing  a  statement  of  the  place  from  whence  taken,  cause  of 
death,  sex,  color,  and  the  name  and  age,  if  known;  and  if  the  bearer  or 
bearers  as  aforesaid  shall  refuse  to  give  a  certificate  as  above,  or  if 
the  body  be  borne  to  another  place  for  burial,  after  application  as  above 
to  the  Sexton,  the  Sexton  shall  notify  the  Mayor  of  the  fact  at  once,  in 
order  that  he  may  proceed  to  inquire  if  any  crime  has  been  committed. 

Article  84.  If  any  person  shall  desire  to  dig  a  grave  with  his  own 
hands,  he  must  apply  to  the  Sexton,  who  shall  allow  the  same  to  be 
done,  but  the  Sexton  shall  himself  superintend  the  work  and  be  responsi- 
ble for  the  manner  of  its  execution. 

Article  85.  The  Sexton  shall  make  monthly  reports  in  writing  to 
the  City  Council  of  the  number  and  kind  of  interments  in  the  city 
cemetery,  giving  name,  sex,  color,  and  cause  of  death,  and  of  the  state 
of  repairs  and  condition  of  the  grounds.  He  shall  take  special  care  that 
the  fences,  walls,  streets,  walks  and  other  public  parts  of  the  cemetery' 
are  kept  in  good  condition  and  perfectly  clean,  shall  superintend  all  re- 
pairs done  by  private  parties  on  their  grounds,  and  shall  have  such 
i-epairs  made  upon  the  streets  and  other  public  places  of  the  cemetery, 
from  time  to  time,  as  the  Council  may  order ;  and  for  this  purpose  shall 
receive  an  annual  salary  of  five  hundred  dollars,  payable  in  equal 
monthly  installments,  out  of  which  he  shall  pay  for  all  repairs  and  clean- 
ing on  the  streets,  alleys,  sidewalks,  and  other  public  places  in  the  cem- 
etery grounds. 

Article  86.  The  Mayor  may,  using  a  sound  discretion,  order  the 
burial  in  the  city  cemetery  of  the  dead  body  of  any  pauper,  or  person 
thrown  upon  the  care  of  the  city,  without  friends,  at  the  cost  of  the  city. 

Article  87.  It  shall  be  the  duty  of  the  City  Sexton  to  keep  the  gate 
of  the  city  cemetery  so  that  it  can  be  open  to  visitors  on  Sunday  from  1 
p.  m.  to  6  p.  m. ;  and  the  Sexton,  or  some  person  acting  for  him,  shall 
be  present  at  the  entrance  or  on  the  grounds,  and  shall  enforce  the  rules 
for  the  preservation  of  order  and  decorum  and  the  protection  of  property. 


Revised  Ordinam^ces  of  the  City  of  Austin,  35 

CHAPTER  III. 

REGULATION   OF. 

Article  88.  That  it  shall  not  be  lawful  for  any  person  to  have  a 
grave  dug,  or  a  body  buried  in  the  city  cemetery,  without  the  knowledge 
and  approval  of  the  Sexton,  nor  upon  any  ground  therein  without  the 
written  consent  of  the  person  owning  or  controlling  the  same ;  and  if  a 
grave  be  so  dug,  or  a  body  so  buried,  on  a  place  not  purchased  by  the 
person  so  digging  or  burying,  or  by  those  under  whose  authority  he 
acts,  the  Sexton  shall  cause  the  grave  to  be  closed,  or  the  body  to  be 
disinterred  and  buried  in  that  portion  of  the  cemetery  set  aside  for  the 
interment  of  strangers,  and  the  Sexton's  fee  therefor  shall  be  collected 
as  other  costs,  against  the  person  or  persons  so  ofEending. 

Article  89.  That  it  shall  not  be  lawful  for  any  person  to  disinter 
or  remove  from  any  grave  or  vault  in  the  city  cemetery  any  dead  body, 
or  any  of  the  articles  thereto  belonging,  except  upon  the  written  consent 
of  the  nearest  friend  of  the  deceased,  the  written  order  of  the  Mayor, 
and  under  the  superintendence  of  the  Sexton. 

Article  90.  That  it  shall  not  be  lawful  for  the  Sexton,  without 
proper  authority  as  provided  for  in  the  preceding  article,  to  suffer,  cause 
or  allow  the  disinterment  or  removal  of  any  dead  body,  or  to  participate, 
directly  or  indirectly,  therein,  nor  to  unlawfully  or  improperly  prevent 
the  interment  of  any  dead  body  presented  for  interment  with  the  proper 
certificate. 

Article  91.  That  the  Mayor  may,  using  a  sound  discretion,  order 
the  burial  in  the  city  cemetery  of  the  dead  body  of  any  pauper,  or  person 
thrown  upon  the  care  of  the  city,  without  friends,  at  the  cost  of  the  city. 

Article  92.  That  it  shall  not  be  lawful  for  any  rail  fence  to  be 
placed  around  any  lot,  block  or  grave  in  the  city  cemetery. 

Article  93.  It  shall  be  unlawful  for  any  person  to  write  upon,  cut, 
break  or  otherwise  injure,  mutilate  or  deface  any  tombstone,  head  or  foot 
board  or  stone,  vault,  monument,  enclosure,  tree,  shrub,  ornament,  or 
other  article,  public  or  private  in  the  city  cemetery,  or  any  other  cemetery 
or  graveyard,  public  or  private,  in  this  city  not  his  or  her  own  property ; 
or  to  remove  any  tree,  flower  or  shrub,  from  any  grave  or  cemetery  lot 
not  his  own  or  her  property.  Any  violation  hereof  shall  be  deemed  a 
misdemeanor,  and  the  person  guilty  thereof,  shall,  upon  conviction,  be 
punished  by  fine  not  less  than  ten  dollars  nor  more  than  two  hundred 
dollars. 

Article  94.  That  it  shall  not  be  lawful  for  any  person  to  ride  or 
drive  inside  the  city  cemetery  in  a  gait  faster  than  a  walk,  nor  shall  any 
person  ride  or  drive  over  or  on  any  lot  or  lots,  whether  the  same  be  im- 
proved or  unimproved. 


36  Eevised  Ordinances  of  the  City  of  Austin. 

Article  95.  That  it  shall  be  the  duty  of  the  City  Sexton  to  keep 
the  gate  of  the  city  cemetery  so  that  it  can  be  open  to  visitors  on  Sunday 
from  1  p.  m.  to  6  p.  m. ;  and  the  Sexton,  or  some  person  acting  for  him, 
shall  be  present  at  the  entrance  or  on  the  grounds,  and  shall  enforce  the 
rules  for  the  preservation  of  order  and  decorum  and  the  protection  of 
property. 

Article  96.  That  any  person  or  persons  violating  any  of  the  pro- 
visions of  any  of  the  preceding  articles  relative  to  "Cemeteries,"  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
by  fine  of  not  less  than  five  nor  more  than  one  hundred  dollars,  and  in 
addition  thereto  may  be  imprisoned  in  the  city  prison  not  exceeding 
fifteen  days  for  each  and  every  such  offense. 

Article  97.  It  shall  not  be  lawful  for  any  person  to  stake  or  permit 
to  be  staked  any  horse,  cow,  or  mule  within  the  boundaries  of  any 
cemetery  located  within  the  City  of  Austin,  or  to  suffer  or  permit  any 
horse,  cow  or  mule  to  run  at  large  within  the  boundaries  of  any  such 
cemetery,  and  any  person  violating  the  provisions  hereof  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined  not  less  than 
five  nor  more  than  twenty-five  dollars. 

Article  98.  It  shall  be  unlawful  for  the  owner  or  person  in  charge 
of  any  dog  to  permit  such  dog  to  enter  the  enclosure  of  the  Austin  City 
Cemetery,  and  any  person  who  shall  violate  the  provisions  hereof  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  in 
any  sum  not  less  than  five  nor  more  than  ten  dollars. 

Article  99.  It  shall  be  the  duty  of  the  City  Sexton  to  post  a  copy  of 
the  preceding  article  at  each  entrance  of  said  cemetery. 

CHAPTER  IV. 
burial  without  prohibited. 

Article  100.  It  shall  be  unlawful  for  any  person  to  bury  or  cause  to 
be  buried,  or  to  in  any  manner  aid  or  assist  in  the  burial  of  the  dead  body 
of  any  human  being  within  the  corporate  limits  of  the  City  of  Aus- 
tin north  of  the  Colorado  River,  except  in  the  State  Cemetery,  the 
Mount  Calvary  Cemetery,  and  the  cemetery  heretofore  established  by 
ordinances  of  said  city  and  therein  designated  as  Oakwood  or  City  Cem- 
etery. 

Article  101.  Any  person  who  shall  bury  or  cause  to  be  buried,  or  in 
any  manner  aid  or  assist  in  the  burial  of  the  dead  body  of  a  human  be- 
ing in  violation  of  Article  100  of  these  ordinances  shall  be  deemed  guilty 
of  a  misdemeanor,  and,'  on  conviction  thereof,  shall  be  fined  not  less 
than  fifty  nor  more  than  two  hundred  dollars. 


Eevised  Ordinances  of  the  City  of  Austin.  37 


TITLE  X. 


CORPORATION  COURT. 


CHAPTEE  I. 
establishing  and  regulating. 

Article  102,  There  shall  be  maintained  in  the  City  of  Austin 
what  is  known  as  a  Corporation  Court,  which  said  court  shall  be  pre- 
sided over  by  a  Recorder,  elected  by  the  qualified  voters  of  the  City  of 
Austin;  that  the  salary  of  said  Recorder  shall  be  fifty  dollars  per  month, 
and  in  addition  thereto  a  fee  of  one  dollar  for  each  criminal  action 
tried  and  disposed  of  before  him,  which  shall  be  paid  by  a  warrant  duly 
drawn  on  the  general  fund  of  the  City  of  Austin;  provided,  said  fee  of 
one  dollar  shall  not  exceed  in  any  one  month  more  than  fifty  dollars. 
There  shall  also  be  a  clerk  of  the  Corporation  Court,  which  said  clerk 
shall  be  known  as  the  Clerk  of  the  Corporation  Court  of  the  City  of 
Austin;  provided,  however,  that  the  said  clerk  shall  be  ex-officio  day 
police  clerk,  and  that  it  shall  be  the  duty  of  said  clerk  to  keep  a  docket 
and  minutes  of  said  court,  and  the  judgment  and  fines  so  entered,  and 
the  payment  of  said  fines,  which  of  said  fines  are  paid,  and  which  of 
said  fines  are  worked  out,  and  the  general  disposition  of  said  causes 
so  tried  in  said  court;  and  it  shall  further  be  the  duty  of  said  clerk  to 
make  a  monthly  report  of  said  fines  and  collections  and  the  disposition 
of  said  cases  and  file  the  same  with  the  City  Clerk  of  the  City  of  Austin. 

Article  103.  The  fines  imposed  in  said  court  shall  be  the  same  as 
are  prescribed  for  like  offenses  by  the  penal  statutes  of  the  State  of 
Texas,  and  where  said  offenses  are  covered  solely  and  alone  by  an  ordi- 
nance of  the  City  of  Austin,  such  ordinance  shall  control. 

Article  104.  The  clerk  of  said  court  shall  tax  costs  in  each  case 
the  same  as  is  allowed  in  the  justices'  courts  of  this  State  to  the  Justice 
of  the  Peace,  the  County  Attorney  and  the  Constable  for  like  services, 
and  said  costs  and  fines  shall  be  collected  by  said  clerk  and  turned  in  to 
the  city  treasury,  as  is  provided  by  ordinance. 

Article  105.  The  City  Marshal  of  the  City  of  Austin  may  be  per- 
mitted to  take  bond  with  two  or  more  good  securities  thereon,  condi- 
tioned upon  the  faithful  payment  of  the  fine  and  cost  imposed  in  any 
case,  provided  that  in  no  case  shall  a  bond  be  taken  unless  the  sum  of 
$7.50  be  paid  in  cash,  said  bond  when  so  taken  to  be  paid  in  monthly 


38  Eevised  Ordinances  of  the  City  of  Austin. 

installments  of  not  less  than  five  dollars  per  month,  which  said  bond 
must  in  all  cases  be  filed  with  the  Clerk  of  the  Corporation  Court  and 
kept  by  him  open  to  inspection  at  any  and  all  times. 

Article  106.  The  procedure  and  the  rules  of  evidence  as  provided 
by  the  statutes  of  the  State  of  Texas  for  the  County  Court  shall  be  the 
rules  of  procedure  and  laws  governing  the  different  subjects*  tried  in 
said  Corporation  Court.  * 

Article  107.  The  City  Attorney,  either  in  person  or  by  deputy,  shall 
represent  the  city  in  the  prosecution  of  each  and  every  complaint,  and 
for  such  representation  there  shall  be  taxed  as  costs  by  the  clerk  the 
same  fees  as  are  allowed  in  a  like  case  to  the  County  Attorney  by  the 
statutes  of  the  State  of  Texas  governing  such  matters. 

Article  108.  The  City  Attorney  of  the  City  of  Austin  shall  be  al- 
lowed to  appoint  a  deputy  to  be  confirmed  by  the  City  Council  to 
prosecute  complaints  in  the  Corporation  Court,  and  the  Clerk  of  the 
Corporation  Court  shall  tax  costs  for  said  attorney  in  case  of  conviction 
the  same  as  are  allowed  the  County  Attorney  in  justice  courts,  and  said 
clerk  shall  collect  such  fee  as  costs;  provided,  however,  that  the  said 
Assistant  City  Attorney  shall  be  allowed  as  his  sole  and  only  compensa- 
tion the  sum  of  fifty  dollars  per  month,  which  shall  be  paid  him  each 
month  by  a  warrant  duly  drawn  by  the  City  Clerk  and  signed  by  the 
Mayor,  and  attested  by  the  clerk,  as  is  provided  for  the  drawing  of 
warrants  in  such  cases;  and  provided  further,  that  said  attorney's  fees 
shall  not  be  paid  unless  the  cash  costs  collected  shall  amount  to  sufficient 
to  pay  same,  and  should  they  not  amount  to  sufficient  to  pay  said  fifty 
dollars  then  the  said  Assistant  City  Attorney  shall  only  receive  such 
sum  as  is  collected  on  said  account  as  attorney's  fees. 

Article  109.  That  the  Corporation  Court  of  the  City  of  Austin 
shall  have  concurrent  jurisdiction  within  the  limits  of  the  City  of  Aus- 
tin within  the  courts  of  the  justice  of  the  peace. 

Article  110.  Hereafter,  when  any  person  is  convicted  in  the  Corpo- 
ration Court  of  the  City  of  Austin,  and  a  fine  is  assessed  and  costs 
taxed  against  such  person,  and  such  person  fails  to  pay  such  fine  and 
costs  in  cash,  or  fails  to  give  a  hiring  bond,  as  required  by  law,  he 
shall  be  required  to  work  the  same  out  upon  the  streets  of  the  City  of 
Austin,  or  in  the  preparation  of  material  to  be  used  upon  the  streets  or 
other  public  works  or  places  of  the  City  of  Austin  and  the  City  Cemetery. 

Article  111.  Any  person  convicted  in  the  Corporation  Court  against 
whom  a  fine  is  assessed  and  costs  taxed  may,  upon  his  making  affidavit 
that  he  is  too  poor  to  pay  such  fine  aiid  costs,  be  permitted  to  give  a 
hiring  bond  payable  to  j;he  City  of  Austin  in  terms  and  upon  conditions 
as  are  now  allowed  and  required  by  the  State  law,  said  bond  to  be  payable 
in  installments  of  not  less  than  seven  dollars  and  fifty  cents  per  month. 


Eevised  Oedinances  of  the  City  of  Austin.  39 

and  to  be  signed  by  two  or  more  good  and  sufficient  sureties,  and  to  be 
approved  by  the  Mayor  of  the  City  of  Austin;  and  upon  the  giving 
of  any  such  bond,  and  upon  its  approval  by  the  Mayor,  the  Marshal  is 
authorized  and  directed  to  turn  over  to  such  person  so  giving  bond  the 
said  defendant;  provided,  that  should  there  be  a  default  in  the  payment 
of  any  part  of  such  fine  and  costs  according  to  the  tenor  and  effect  of 
said  bond,  the  city  is  authorized  to  at  once  enforce  the  collection  thereof 
in  any  court  of  competent  jurisdiction. 

Article  112.  Upon  the  commitment  of  any  person  to  the  custody 
of  the  Marshal  who  fails  to  pay  any  fine  or  costs  assessed  and  taxed 
against  such  person,  or  fails  to  give  a  hiring  bond  therefor,  as  above 
provided,  the  Marshal  is  authorized  and  he  is  hereby  instructed  to  turn 
over  to  the  Street  Committee  and  the  City  Engineer,  any  such  person  or 
persons,  and  they  shall  be  required  by  the  City  Engineer  and  Street 
Committee  to  perform  such  labor  as  may  be  required  upon  the  streets 
of  said  city,  and  in  the  preparation  of  material  for  use  in  and  upon 
said  streets  or  public  places,  or  used  in  the  City  Cemetery  of  the  city  in 
connection  with  and  under  the  direction  of  the  Committee  on  Ceme- 
teries. 

Article  113.  There  shall  be  allowed  to  each  prisoner  who  owes  a 
fine  and  who  is  working  said  fine  out  on  the  streets  of  the  City  of 
Austin  under  the  supervision  of  the  officers  of  the  city  the  sum  of  one 
dollar  per  day,  which  said  sum  of  one  dollar  per  day  shall  be  credited 
upon  the  fine  and  costs  assessed  against  said  prisoner  by  the  City  of 
Austin;  provided  further,  that  in  addition  to  said  one  dollar  allow- 
ance on  said  fine  the  city  shall  feed  such  prisoner  while  so  engaged  in 
working  out  said  fine. 

Article  114.  Where  a  person  has  been  fined  by  the  City  of  Austin 
and  is  in  the  custody  of  an  officer  of  the  city  and  fails  or  refuses  for 
any  reason  to  work  on  the  streets  of  the  City  of  Austin,  there  shall 
be  allowed  to  such  person  as  a  credit  on  such  fine  only  the  sum  of 
twenty-five  cents  per  day,  and  in  addition  thereto  such  meals  as  the 
officers  of  the  City  of  Austin  allow  to  such  prisoners;  provided,  however, 
that  nothing  contained  in  this  ordinance  shall  be  construed  to  abridge 
the  power  of  the  Mayor  and  the  City  Council  from  at  any  time  remit- 
ting the  fine  and  costs  of  any  prisoner  for  good  behavior  or  good  work 
on  behalf  of  the  city. 

Article  115.  The  Corporation  Court  shall  be  opened  every  morning 
(Sundays  excepted),  unless  for  good  cause  a  postponement  be  ordered. 

Article  116.  The  Eecorder  shall  require  the  attendance  of  the  City 
Attorney,  City  Marshal  or  Sergeant  of  Police,  and  such  of  the  police 
as  may  be  necessary  for  the  dispatch  of  the  business  of  the  court,  at 
each  meeting  thereof,  or  as  early  before  each  meeting  as  may  be  neces- 


40  Bevised  Ordinances  of  the  City  of  Austin. 

sar}',  to  the  end  that  the  court  may  be  opened  at  its  regular  hour.  He 
shall  also  compel  the  attendance  of  all  persons  accused  of  the  violation 
of  any  law  or  ordinance  and  of  all  witnesses  in  like  manner  as  in  trials 
before  justices  of  the  peace. 

Article  117.  The  Recorder  shall  have  power  to  pnnish  for  con- 
tempt, subject  to  the  restrictions  imposed  by  law  or  ordinance,  and  shall 
cause  due  order  and  decorum  to  be  observed  during  the  sessions  of  his 
court. 

Article  118.  The  Recorder  shall  keep  a  docket  in  which  he  shall 
each  morning  enter  all  affidavits  or  complaints  filed  in  his  court,  stating 
tlie  offense  charged,  the  time  of  filing  the  complaint,  and  process  issued 
with  the  returns  thereon,  the  time  of  trial,  the  amount  of  fine,  an  item- 
ized account  of  the  costs,  the  judgment  of  the  court  and  the  final  dispo- 
sition of  the  cause. 

Article  119.  If  the  City  Attorney,  City  Marshal  or  any  policeman 
shall  fail  to  attend  any  meeting  of  the  Corporation  Court,  when  required 
to  do  so;  or,  if  the  City  Marshal,  Sergeant  of  Police  or  any  policeman 
shall  wilfully  fail,  refuse  or  neglect  to  execute  any  Warrant,  summons, 
subpoena  or  attachment,  or  other  process  issued  by  the  Recorder  which 
it  is  made  his  or  their  duty  to  execute,  or  if  any  person  shall  fail  or  re- 
fuse to  obey  any  such  process,  he  or  they  shall  be  deemed  guilty  of  con- 
tempt of  court,  and  may  be  punished  by  the  Recorder  therefor. 

Article  120.  All  prosecutions  for  violation  of  law  or  ordinances 
of  the  city  shall  be  commenced  in  the  Corporation  Court  by  information 
or  complaint,  setting  forth  specifically  and  with  reasonable  certainty  the 
particular  act  or  omission  with  which  the  defendant  is  charged.  Such 
information  or  complaint  shall  be  in  writing  and  shall  be  signed  and 
sworn  to  by  the  person  making  the  complaint. 

Article  121.  When  an  information  or  complaint  shall  be  filed,  as 
provided  for  in  the  preceding  article,  the  recorder  shall  issue  his  sum- 
mons or  warrant  of  arrest,  as  in  his  opinion  the  exigencies  of  the  public 
service  may  require,  which  process  shall  be  executed  by  the  City  Marshal 
or  any  policeman  in  like  manner  as  similar  process  from  a  justice's 
court  may  be  executed  by  a  Sheriff  or  Constable ;  provided,  that  nothing 
herein  shall  be  construed  to  prevent  the  Marshal  or  any  policeman  of 
the  city  from  making  arrests  without  process  for  any  violation  of  law 
or  of  the  city  ordinances  when  committed  in. his  presence  or  view,  or 
in  any  of  the  contingencies  in  which  a  Sheriff  or  other  peace  officer 
may  act. 

Article  122.  If  upon  the  face  of  any  information  or  complaint, 
or  if  upon  the  trial  of  any  information  or  complaint,  it  shall  appear 
that  the  offense  charged  is  not  within  the  jurisdiction  of  the  Recorder, 
he  shall  immediately  transfer  the  case  to  some  justice  of  the  peace  for 


Eevised  Ordinances  of  the  City  of  Austin.  41 

.    trial  or  examination,  and  shall  deliver  all  the  papers  pertaining  thereto 
to  such  justice  of  the  peace. 

Article  123.  In  all  cases  of  misdemeanor  or  other  violation  of  law 
or  ordinance  in  this  city  the  party  charged  before  the  court  shall  be 
entitled  to  a  trial  by  jury  in  the  same  manner  and  form  as  provided 
by  the  statutes  of  the  State  in  cases  of  trial  for  misdemeanors  before 
justices  of  the  peace. 

Article  124.  When  application  is  made  for  a  jury  in  the  trial  of 
any  cause  in  the  Corporation  Court,  it  shall  be  the  duty  of  the  Eecorder 
to  issue  a  writ  of  facias  directing  the  City  Marshal  to  summon  a  jury 
of  six  lawful  men,  who  are  qualified. by  the  laws  of  this  State,  to  serve 
as  jurors,  unless  the  parties  agree  to  a  less  number.  And  any  person  so 
summoned,  who  shall  fail  or  refuse  to  attend,  without  good  cause  shown, 
shall  be  deemed  guilty  of  contempt  of  court,  and  punished  by  a  fine  as 
provided  by  law. 

Article  125.  The  Recorder  in  all  matters  pertaining  to  the  admin- 
istration of  justice,  concerning  which  there  is  no  special  provision  made 
by  ordinance,  shall  be  governed  by  the  laws  of  the  State  of  Texas  regu- 
lating proceedings  in  the  justices'  courts,  so  far  as  the  same  may  be 
applicable. 

Article  126.  In  all  trials  by  jury  in  the  Corporation  Court,  the  city 
and  the  defendant  shall  have  the  same  rights  of  challenge  as  in  trials 
before  justices  of  the  peace. 

Article  127.  Jurors  in  trials  before  the  Corporation  Court  shall  be 
entitled  to  the  same  fees  for  like  attendance  and  service  as  are  allowed 
by  law  for  jurors  before  justices'  courts,  to  be  taxed  against  the  de- 
fendant if  convicted,  otherwise  to  be  paid  by  the  city  as  provided  herein. 

Article  128.  Any  person  arrested  for  a  violation  of  the  ordinances 
of  this  city  may  be  admitted  to  bail  by  executing  a  bond  to  the  city, 
with  sufficient  surety,  to  be  approved  by  the  Marshal,  in  such  amount 
as  shall  be  fixed  by  the  court,  such  bond  to  be  conditioned  for  his  ap- 
pearance on  a  day  therein  named  before  the  Corporation  Court,  then 
and  there  to  answer  for  the  offense  with  which  he  is  charged,  and  await 
his  trial,  which  bond  shall  be  filed  with  the  complaint  in  the  office  of 
the  Recorder  or  City  Marshal. 

Article  129.  The  Eecorder  shall  have  power  to  punish  all  persons 
guilty  of  a  contempt  of  his  court  by  fine  of  not  more  than  twenty-five 
•  dollars,  or  by  imprisonment  for  one  day,  or  both;  and,  in  case  of  fine, 
may  commit  the  offender  until  such  fine  is  paid,  as  in  case  of  other 
fines,  but  in  such  case  the  warrant  of  commitment  shall  set  forth 
specifically  the  facts  constituting  the  contempt. 

Article  130.  Each  person  rendering  jury  service  in  the  Corporation 
Court  of  this  city  shall  be  entitled  to  a  fee  of  fifty  cents  for  each  case 


42  Revised  Ordinances  of  the  City  of  Austin, 

in  which  such  service  is  rendered,  whether  the  defendant  be  convicted 
or  acquitted,  which  fee  shall  be  collected  of  and  from  the  defendant  if 
convicted;  provided,  if  the  defendant  be  acquitted  then  such  jury  fee 
shall  be  paid  by  the  City  of  Austin,  and  the  certificate  of  the  Kecorder 
containing  the  number  and  style  of  the  case,  the  date  of  trial,  the  name 
and  residence  of  the  juror  and  amount  of  his  fee,  shall  be  sufficient 
evidence  that  such  service  was  rendered,  and  such  certificate  shall  be 
filed  with  the  City  Clerk,  and,  after  being  approved  by  the  Finance 
Committee,  an  appropriation  shall  be  made  by  the  City  Council  for  the 
payment  of  the  same,  as  for  other  bills  and  accounts  against  the  city; 
provided,  that  such  certificate  shall  not  be  transferable,  and  if  trans- 
ferred it  shall  not  be  paid  by  the  city. 

Article  131.  It  shall  be  the  duty  of  the  City  Attorney,  whenever 
it  shall  come  to  his  knowledge  that  the  City  Marshal,  Sergeant  of  Po- 
lice or  any  policeman  has  been  guilty  of  any  willful  failure  or  neglect 
of  any  duty,  to  present  to  the  Corporation  Court  a  written  statement 
of  such  offense,  and  the  Kecorder  shall  take  such  action  thereon  as  may 
be  required  by  ordinance  or  be  proper  in  the  premises,  and  such  state- 
ment, the  proceedings  of  the  Eecorder  thereon  and  all  other  papers  relat- 
ing thereto  shall  be  presented  by  the  Eecorder  to  the  City  Council  at  its 
next  regular  meeting  for  such  action  as  may  be  deemed  proper  by  the 
City  Council. 

Article  132.  All  bail  or  appearance  bonds  taken  and  approved  by 
the  City  Marshal  or  the  Eecorder,  for  the  appearance  before  the  Ee- 
corder of  any  person  charged  with  the  violation  of  any  ordinance  of 
the  city,  shall  be  forfeited  in  the  same  manner  as  bail  or  appearance 
bonds  are  forfeited  before  justices  of  the  peace,  and  all  penalties  and 
forfeitures  thereunder  may  be  recovered  by  suit  in  the  name  of  the 
City  of  Austin  in  any  court  of  competent  jurisdiction. 

Article  133.  The  Eecorder  may,  for  good  cause  shown,  continue 
any  case  pending  before  him  from  day  to  day,  or  may  postpone  the 
trial  thereof  to  any  future  day.  And  the  Eecorder  may,  for  good  cause, 
grant  a  new  trial  to  any  person  convicted  before  him  of  any  viola- 
tion of  law  or  ordinance. 

Article  134.  In  all  cases  where  the  defendant  is  convicted  in  the 
Corporation  Court  he  shall  be  entitled  to  an  appeal  to  the  County  Court 
of  Travis  County  upon  his  motion  for  a  new  trial  (which  shall  be  in 
writing  and  filed  within  one  day  after  conviction)  being  overruled, 
when  he  shall  give  notice  of  appeal  in  open  court,  and  shall  file  with  the 
Recorder  an  appeal  bond  payable  to  the  City  of  Austin,  in  double  the 
amount  of  the  fine  and  costs  assessed  against  him,  such  bond  to  be  ap- 
proved by  the  Eecorder  and  to  be  conditioned  that  he  shall  prosecute 
his  appeal  with  effect,  and  shall  pay  the  fine  and  all  costs  adjudged 


Eevised  Ordinances  of  the  City  of  Austin.  43 

against  him  by  .the  County  Court,  as  well  as  all  other  costs  that  may  have 
been  adjudged  against  him  in  the  court  below,  and  such  appeal  bond 
shall  be  filed  with  the  Kecorder  within  ten  days  after  judgment  over- 
ruling the  motion  for  a  new  trial  has  been  rendered,  and  not  thereafter. 
Article  135.  The  Recorder  shall  not  allow  any  complaint  or  infor- 
mation to  be  dismissed  upon  condition  that  the  defendant  or  person 
accused  shall  pay  the  costs  of  the  prosecution,  or  any  portion  thereof, 
but  may  require  on  dismissal  of  any  case  by  the  City  Attorney  or  his 
deputy  a  written  statement  of  the  reasons  therefor,  to  be  filed  in  his 
court. 

CHAPTEE  II. 

the  recorder. 

Article  136.  At  the  time  of  the  election  of  the  city  officers  there 
shall  be  elected  by  the  qualified  voters  of  the  city  a  Recorder,  who  shall 
hold  his  office  for  a  term  of  two  years  and  until  his  successor  is  elected 
and  qualified.  'No  person  shall  be  eligible  to  the  office  of  Recorder  who 
is  not  a  qualified  voter  in  the  State  of  Texas  and  in  the  City  of  Austin. 
The  Recorder  shall  be  a  licensed  lawyer  and  competent  to  discharge  the 
duties  required  of  him  by  the  charter  and  ordinances  of  the  city,  and 
before  entering  upon  the  duties  of  his  office  shall  take  the  oath  of 
office  prescribed  by  the  Constitution  of  the  State. 

Article  137.  In  case  of  the  absence  from  the  city,  illness  or  other 
temporary  inability  of  the  Recorder  to  discharge  the  duties  of  his  office, 
or  of  his  suspension,  or  of  a  vacancy  in  the  office,  the  Mayor  may  dis- 
charge the  duties  of  the  office  of  Recorder,  or  may  appoint  some  person 
possessing  the  requisite  qualifications  to  discharge  such  duties,  but 
neither  the  Mayor  nor  such  appointee  to  hold,  save  until  the  Recorder 
shall  be  restored  to  duty,  or  the  vacancy,  if  any,  be  regularly  filled. 
The  Mayor,  while  discharging  the  duties  of  the  Recorder,  shall  receive  no 
pay  or  compensation  therefor,  but  the  appointee  above  mentioned  shall 
receive  the  salary  of  the  Recorder  during  the  period  he  may  discharge 
the  duties  of  the  office. 

Article  138.  The  Recorder  shall  hold  the  Corporation  Court  within 
said  city,  which  court  shall  have  jurisdiction  of  all  offenses  against  the 
ordinances  of  the  city.  He  may  require  of  any  person  arrested  under  the 
provisions  of  the  Charter  or  ordinances  of  the  city  a  bond  for  his  or 
her  good  behavior  and  to  keep  the  peace,  with  two  good  and  sufficient 
sureties,  which  bond  shall  be  payable  to  the  City  of  Austin.  He  shall 
have  full  power  and  authority  to  issue  subpoenas  for  witnesses,  and  to 
compel  their  attendance  by  process  of  attachment.  He  may  issue  war- 
rants of  arrest,  search  warrants,  executions,  and  any  other  processes 
which  a  justice  of  the  peace  may  lawfully  issue  in  criminal  cases,  and 


44  Eevised  Ordinances  of  the  City  of  Austin. 

may  punish  all  contempts  by  fine  and  imprisonment,  or  either.  He 
shall  have,  also,  full  power  and  authority  to  administer  oflBcial  oaths, 
and  all  other  oaths  or  affirmations,  and  give  certificates  thereof.  He 
shall  be  ex  officio  a  justice  of  the  peace,  and  shall  possess  and  execute 
within  the  city  limits  all  the  powers  and  duties  of  such  officer  in  crimi- 
nal cases.  He  shall  charge  in  all  cases  the  same  fees  which  are'  allowed 
to  justices  of  the  peace  for  like  services,  which  shall  be  charged  and 
collected  as  other  fees,  and  when  collected  paid  into  the  city  treasury 
for  the  use  and  benefit  of  the  city.  He  shall  be  a  conservator  of  the 
peace,  and  his  court  shall  be  open  every  day,  Simdays  excepted,  to 
hear  and  determine  any  and  all  cases  cognizable  before  him,  and  he 
shall  have  the  power  to  bring  parties  before  him  to  trial  forthwith. 
And  he  shall  perform  such  other  duties  as  may  from  time  to  time  be 
prescribed  for  him  by  ordinance. 

Article  139.  Whenever  the  Recorder  has  good  cause  to  believe  that 
there  has  been,  or  is  about  to  be,  any  violation  of  law  or  ordinance  in 
this  city,  he  may  issue  his  warrant  of  arrest  against  the  person  or  persons 
so  offending  or  being  about  to  offend,  summon  and  examine  witnesses, 
and  otherwise  proceed  to  try  the  same  as  provided  by  law  or  ordinance; 
and  any  person  summoned  to>  appear  and  testify  as  a  witness  in  any 
case,  who  shall  fail  or  refuse  to  appear,  or  who,  appearing,  shall  fail 
or  refuse  to  answer,  under  oath,  all  lawful  questions  propounded  to 
him  or  her,  may  be  punished  for  contempt  of  court,  as  in  other  cases 
of  contempt. 

Article  140.  The  Recorder  shall  have  power  to  call  to  his  assist- 
ance the  city  police,  or  any  military  company  or  citizens  in  this  city, 
to  assist  in  quelling  or  preventing  any  riot,  rout,  or  unlawful  assemblage, 
breach  of  the  peace,  or  other  violation  of  law  or  ordinance;  and  any 
and  all  persons  so  called  upon  shall  be  subject  to  his  orders  while  on 
such  duty;  and  any  and  all  such  persons  refusing  to  answer  any  such 
call  from  the  Recorder  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  punished  as  in  other  cases  of  misdemeanor. 

Article  141.  The  Recorder  may  be  suspended  or  removed  from 
office  in  like  manner  with  other  officers  of  the  city  for  neglect  or  viola- 
tion of  duty,  or  for  any  misbehavior  or  misdemeanor  in  office. 


Revised  Obdinances  of  the  City  of  Austin.  45 


TITLE  XI. 


COUNCIL,  CITY. 


CHAPTER  I. 

OKGANIZATION   AND  PROCEDURE. 

Article  142.  The  City  Council  shall  consist  of  a  Mayor  and  a  Board 
of  Aldermen. 

Article  143.  The  Board  of  Aldermen  shall  consist  of  fourteen  mem- 
bers, two  from  each  ward,  who  shall  be  residents  of  the  wards  from 
which  they  are  elected. 

Article  144.  If  any  Alderman  shall  after  his  election  remove  from 
the  ward  from  which  he  was  chosen  his  office  shall  thereupon  become 
vacant. 

Article  145.  The  City  Council  shall  be  the  judge  of  the  election 
and  qualifications  of  its  members,  and  all  other  city  officers,  and  shall 
determine  contested  elections  of  all  city  officers,  made  elective  here- 
under as  provided  herein,  and  shall  prescribe  rules  of  procedure  in 
cases  of  contest. 

Article  146.  A  majority  of  the  City  Council  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn  from  day 
to  day  and  may  compel  the  attendance  of  absent  members  by  arrest,  or  in 
such  manner  and  under  such  further  penalties  as  they  may  prescribe. 

Article  147.  The  City  Council  may  determine  the  rules  of  its  pro- 
ceedings, punish  its  members  for  a  wilful  violation  of  its  rules  and  other 
disorderly  behavior;  and  with  the  consent  of  two-thirds  of  its  members 
elected  expel  an  Alderman,  but  not  a  second  time  for  the  same  offense. 

Article  148.  The  City  Council  shall  keep  a  journal  of  its  proceed- 
ings, and  a  synopsis  thereof  may  be  published  in  some  newspaper  pub- 
lished in  the  city  by  the  direction  of  the  City  Council;  and  any  Alder- 
man shall  have  the  right  to  have  the  yeas  and  nays  of  the  members 
recorded  in  the  journal  of  its  proceedings  upon  any  question  voted 
upon  by  such  members. 

Article  149.  Upon  the  passage  of  ordinances  appropriating  money, 
imposing  taxes,  increasing,  leasing  or  abolishing  licenses,  and  of  ordi- 
nances for  borrowing:  money,  the  yeas  and  nays  shall  be  entered  on  the 
journal,  but  no  ordinance  for  borrowing  money  shall  pass  except  by 
a  vote  of  two-thirds  of  the  whole  Council. 


46  Eeyised  Obdinances  of  the  City  of  Austin. 

Article  150.  All  ordinances  and  resolutions  of  a  general  character 
shall  be  read  in  the  Council  on  three  separate  days,  unless  two-thirds 
of  the  Council  elected  shall  dispense  therewith. 

Article  151.  A  majority  of  the  members  of  the  whole  Council  shall 
be  necessary  to  pass  an  ordinance  for  any  purpose  appropriating  the 
sum  of  five  hundred  dollars  or  upwards,  or  for  passing  an  ordinance  in 
anywise  diminishing  or  increasing  the  city  revenues. 

Article  152.  At  the  first  meeting  of  the  City  Council  after  each 
general  election  and  after  contests  of  election,  if  any  there  be,  are  dis- 
posed of,  the  Council  shall  elect  one  of  its  members  President  of  the 
Board  of  Aldermen,  who  shall  hold  his  office  for  two  years  from  the 
date  of  his  election  and  until  his  successor  is  elected  and  qualified,  and 
who  in  case  of  the  absence  of  the  Mayor  from  a  session  of  the  Council, 
shall  act  as  presiding  officer  of  the  Council,  and  who  in  case  of  the 
death,  resignation  or  inability  to  act  or  absence  of  the  Mayor  from  the 
city  shall  perform  all  the  duties  of  the  Mayor,  and  in  the  absence  of 
the  Mayor  and  President  of  the  Council  any  Alderman  may  be  elected 
by  the  members  present  to  preside,  who  shall  exercise  all  the  rights  of 
the  President  of  the  Council  in  such  cases. 

Article  153.  That  the  President  of  the  Board  of  Aldermen  shall 
vote  only  as  an  Alderman. 

Article  154.  The  meetings  of  the  City  Council  shall  be  held  at  the 
Corporation  Court  room  in  the  City  Hall,  and  there  shall  be  a  regular 
stated  meeting  of  the  City  Council  at  least  once  a  month,  and  no  notice 
of  which  meetings  shall  be  necessary,  and  such  special  meetings  as  the 
Mayor  and  any  three  Aldermen  may  deem  necessary. 

Article  155.  Calls  for  special  meetings  shall  state  the  nature  of 
the  business  to  be  transacted  at  the  meeting,  and  shall  be  read  to  each 
Alderman  to  be  found  in  the  city,  or  if  any  Alderman  is  out  of  the  city 
a  copy  thereof  left  at  the  place  of  business  of  such  Alderman  as  may 
not  be  seen  in  person  by  the  policeman  of  the  City  of  Austin  serving 
the  notice,  who  shall  report  in  writing  to  the  Council  at  the  hour  set  for 
the  meeting  whom  be  has  served  and  how  he  has  served  such  notice, 
and  the  reason  for  not  serving  each  Alderman  in  person.  If  it  shall 
appear  that  two-thirds  of  the  Aldermen  have  been  served  personally  the 
Council  may  proceed  to  transact  the  business  mentioned  in  the  call, 
as  if  all  the  Aldermen  had  been  personally  notified  of  the  meeting. 
The  said  notice  and  the  return  of  the  officer  shall  be  recorded  in  the 
minutes  of  the  meeting  of  the  Council  and  shall  be  evidence  of  the  nature 
of  the  call,  and  the  service  of  the  notice  thereof. 

Article  156.  That  the  Mayor  shall  preside  at  all  raeetings^  of  the 
City  Council  except  as  herein  otherwise  provided,  and  shall  have  a 
casting  vote  when  the  Council  is  equally  divided,  and  not  otherwise. 


Eevised  Ordinances  of  the  City  of  Austin.  47 

Article  157.  That  in  case  of  a  tie  vote  by  the  Council,  the  Mayor 
shall  have  the  casting  vote. 

CHAPTEE  II. 

POVV^ERS   OF. 

Article  158.  The  said  City  Council  shall  have  power  and  authority 
to  fund,  refund,  compromise,  adjust,  scale  or  settle  all  or  any  part  of 
the  bonded  indebtedness  of  said  city,  and  for  that  purpose  to  issue  re- 
funding bonds. 

Article  159.  The  City  Council  shall  have  power  by  ordinance  to 
regulate  the  mode  and  manner  of  making  out  tax  lists,  inventories  and 
appraisements  of  property  for  taxation  and  to  prescribe  the  oath  that 
shall  be  administered  to  each  person  on  such  rendition  of  his  property, 
and  to  prescribe  how,  when  and  where  property  shall  be  rendered,  and 
to  prescribe  the  number  and  form  of  assessiflent  rolls,  and  to  fix  the 
duties  and  to  define  the  powers  of  the  City  Assessor  and  Collector  and 
adopt  such  measures  as  the  Council  may  deem  advisable  to  secure  the 
assessment  of  all  property  subject  to  taxation  within  the  city,  and  to 
collect  the  taxes  due  thereon;  and  may  by  ordinance  provide  that  any 
person,  firm  or  agent  in  control,  having  property  subject  to  taxation, 
or  being  liable  for  any  tax  under  the  provisions  of  the  charter,  and  neg- 
lecting, failing  or  refusing  to  render  a  list,  inventory  and  appraisement 
thereof,  or  failing  or  refusing  to  make  oath  thereto^  as  required  by  the 
ordinance  of  said  city,  shall  be  liable  to  fine  and  imprisonment  or 
either  as  may  be  prescribed. 

Article  160.  The  City  Council  shall  have  the  care,  management 
of  the  city  and  its  property  and  finances,  except  as  may  be  herein  other- 
wise specially  provided  for,  and  shall  have  the  power  to  enact  and  ordain 
any  and  all  ordinances  not  repugnant  to  the  Constitution  and  laws  of 
the  State,  and  such  ordinances  to. alter,  modify  or  repeal. 

Article  161.  The  City  Council  shall  have  the  power  within  tho 
city  by  ordinance  to  levy  and  collect  an  annual  tax,  not  exceeding  two 
and  one-half  per  cent  of  property  values  within  the  said  city,  and  to 
pledge  a  part  of  said  general  revenue,  not  to  exceed  one-fourth  of  one 
per  cent  of  the  total  taxable  values  for  the  liquidation,  settlement  and 
payment  of  the  money  to  become  due  by  virtue  of  tlie  terms  of  any 
contract  which  may  be  by  said  city  made  for  the  purchase  of  any  water, 
light  or  power  plant  at  present  owned  and  operated  in  said  city  by 
private  persons  or  corporations,  and  to  raise  such  further  amount  as 
may  be  necessary  to  pay  interest  and  two  per  cent  sinking  fund  annu- 
ally on  all  bonded  debts  of  the  city,  and  to  raise  money  on  the  credit 
of  the  city  for  a  special  and  definite  purpose,  by  issuing  bonds  of  the 
city  or  otherwise. 


48  Revised  Ordinances  of  the  City  of  Austin, 

Abticle  162.  The  City  Council  shall  have  full  power  and  authority 
to  provide,  by  ordinance  for  the  seizure  and  sale  by  the  City  Assessor 
and  Collector  of  a  sufficient  amount  of  personal  property  of  any  delin- 
quent taxpayer  to  pay  all  taxes  due  by  such  delinquent  to  the  city,  to- 
gether with  all  interest,  penalties  and  costs. 

Article  163.  The  City  Council  shall  have  full  power  and  authority 
to  pass  all  ordinances  necessary  to  regulate  advertisements  and  sales  by 
the  Assessor  and  Collector  of  property  upon  which  taxes  may  be  un- 
paid and  to  provide  for  the  perpetuation  of  all  proceedings  with  refer- 
ence to  such  advertisement  and  sales  and  for  execution  of  title  to  pur- 
chasers of  property  at  tax  sales,  and  to  pass  all  ordinances  necessary 
to  enforce  the  collection  of  taxes;  provided,  that  such  ordinances  shall 
allow  any  person  whose  real  property  has  been  sold  for  taxes  at  least 
two  years  from  the  date  of  the  collector's  deed  to  redeem  the  same,  by 
paying  double  the  amount  paid  for  same. 

Article  164.  The  City  Council  may  provide  by  ordinance,  that 
there  shall  be  collected  five  per  cent  penalty  against  the  person,  firm  or 
corporation  failing,  neglecting  or  refusing  to  pay  their  or  its  taxes  by 
the  time  when  the  same  begin  to  bear  interest,  but  the  City  Council 
shall  not  have  the  power  of  repealing  any  tax  levy  after  it  has  once 
finally  passed  same  and  after  taxes  have  been  partially  collected  there- 
under. 

Article  165.  The  City  Council  shall  have  power  to  levy  and  collect 
an  occupation  tax  on  all  occupations,  callings,  business  and  professions 
taxed  by  the  State  of  Texas  and  to  provide  adequate  means  for  enforcing 
collection  of  the  same,  and  to  provide  for  the  assessing  and  levying  of 
the  taxes  aforesaid,  and  to  determine  when  taxes  shall  be  paid,  but  it 
shall  not  have  the  power  to  compromise  back  taxes. 

Article  166.  The  City  Council  shall  have  exclusive  control  and 
regulation  of  all  streets,  alleys,  sidewalks  and  highways  and  public 
squares  within  the  corporate  limits  of  the  city,  and  shall  have  power : 

1.  To  abate  and  remove  encroachments  thereon  in  summary  manner. 

2.  To  put  drains  and  sewers  therein,  and  when  necessary  to  ap- 
propriate private  property  for  that  purpose;  for  the  purpose  of  estab- 
lishing streets  and  alleys  to  be  condemned  according  to  the  laws  relat- 
ing to  the  condemnation  of  property  by  railroad  corporations,  the  city 
occupying  the  place  of  the  railroad  corporation  in  such  cases. 

3.  To  permit  and  regulate  the  laying  of  gas  and  water  mains  therein, 
and  the  erection  of  telegraph  and  telephone  and  electric  light  poles 
therein. 

4.  .To  regulate,  establish  and  change  the  grade  of  all  sidewalks, 
streets  and  alleys,  and  to  require  and  compel  the  cutting  down  or  filling 
up  and  raising  of  such  streets,  sidewalks  and  alleys. 


Revised  Ordinances  of  the  City  of  Austin.  49 

5.  To  construct,  regulate  and  keep  in  repair  all  culverts,  sewers 
and  crossings,  and  to  control  and  regulate  the  use  of  same. 

6.  To  construct,  regulate  and  keep  in  repair  all  necessary  sidewalks, 
footways  and  streets. 

7.  To  grade,  cut  down  and  fill  up  the  same.     . 

8.  To  regulate  the  use  of  the  same  and  abate  and  remove  encroach- 
ments and  obstructions  thereon,  and  to  compel  the  same;  provided, 
that  when  the  City  Council  has  once  established  a  grade  for  any  street, 
sidewalk,  alley  or  park,  and  any  owner  of  property  abutting  thereon 
has  improved  such  property  to  conform  to  such  grade,  then  the  City 
Council  shall  not  have  authority  to  change  such  grade,  except  by  con- 
sent of  a  majority  of  the  owners  by  feet  frontage  of  the  property  in 
front  of  which  it  is  proposed  to  change  such  established  grade. 

9.  To  vacate  streets  and  alleys. 

Article  1G7.  That  the  City  Council  shall  fix  and  determine  the 
nature  of  all  sidewalks,  streets,  drainage  and  sewerage  improvements 
and  decide  the  kind  of  material  to  be  used,  and  shall  also  fix  and  de- 
termine the  necessity,  nature  and  extent  of  streets  and  sidewalk  im- 
provements, repairs  and  reconstruction,  and  may  at  its  discretion  cause 
all  or  any  part  of  such  streets  and  sidewalks  to  be  constructed,  recon- 
structed, graded,  regraded,  paved,  repaved,  or  in  any  other  way  re- 
paired, improved  or  maintained,  and  said  council  shall  have  full  power 
and  authority  to  provide,  by  ordinance,  for  the  manner  of  determining, 
after  notice  and  by  due  process  of  law,  of  the  amounts  of  benefits  to 
each  parcel  of  abutting  property  by  reason  of  any  such  improvements, 
repair  or  reconstruction,  and  of  a  fair  and  just  proportion,  and  of  the 
amount  of  the  cost  of  the  same  to  be  paid  by  each  abutting  owner,  and 
may  agree  with  such  owner  as  to  assessment  for  same. 

Article  168.  The  City  Council  shall  appoint  five  citizens  of  Aus- 
tin, who  shall  constitute  a  Board  of  Street  and  Sewer  Commissioners. 

Article  169.  The  City  Council  shall  have  power  to  employ  and  fix 
the  compensation  of  such  agents  as  it  may  deem  for  the  best  interest 
of  the  city;  provided,  that  the  compensation  of  such  agents  shall  not 
be  increased  during  the  time  of  their  employment ;  and  provided  further, 
that  the  City  Council  may  abolish  any  place  created  by  it,  and  also 
discharge  any  person  employed  by  it  at  any  time  that  it  may  deem 
that  the  best  interest  of  the  city  requires  such  action;  and  the  city  shall 
not  be  liable  for  the  salary  of  such  person  after  the  place  to  which  he 
has  been  elected  has  been  abolished  or  he  has  been  discharged  by  the 
City  Council. 

Article  170.     That  the  City  Council  shall  have  power  by  ordinance! 

1.  To  make  regulations,  to  prevent  the  introduction  or  spreading  of 
any  contagious  disease  within  the  city,  to  make  quarantine  ordinances 


50  Revised  Ordinances  of  the  City  of  Austin. 

for  that  purpose,  and  to  enforce  them  within  the  city  and  within  ten 
miles  thereof,  and  to  enforce  vaccination,  and  to  establish  hospitals, 
and  to  make  regulations  for  the  government  thereof  within  and  without 
the  city  limits;  and  to  make  and  enforce  all  other  necessary  regulations 
to  secure  the  general  health  of  its  inhabitants. 

2.  To  establish  or  erect  or  cause  to  be  establish  or  erected  market 
and  market  houses;  to  designate,  regulate  and  control  market  places  and 
privileges,  and  to  inspect  within  or  beyond  the  city  limits  and  determine 
the  mode  of  inspecting  cattle,  meats,  birds,  fowl,  fish,  vegetables,  fruits, 
milk,  and  to  seize  and  destroy  any  decayed  or  unwholesome  fruit  or 
vegetables,  any  impure  or  unhealthy  or  unwholesome  meats,  birds,  fowl 
or  fish  and  to  regulate,  license,  control  or  prevent  the  sale  or  keeping 
for  sale  on  public  streets,  squares  and  alleys  of  any  article  of  food  or 
drink,  or  any  goods,  wares  and  merchandise  of  any  kind  whatever. 

3.  To  regulate,  restrain,  locate,  abate  or  prohibit  slaughter  houses, 
glue  factories,  bone  boilers,  hide  houses  or  establishments  for  curing 
hides,  soap  factories,  places  for  rendering  lard,  tallow,  offal  and  other 
substances  that  can  be  rendered,  and  all  other  establishments  where 
any  nauseous,  dangerous,  offensive  or  unwholesome  business  may  be 
carried  on. 

4.  To  define  what  shall  be  a  nuisance  in  the  city,  and  to  punish 
the  authors  thereof  by  penalties,  fines  and  imprisonment. 

5.  To  do  all  acts  and  make  all  regulations  which  may  be  necessary 
or  expedient  for  the  promotion  of  health  or  suppression  of  disease. 

6.  To  co-operate  with  the  Commissioners  Court  of  Travis  County 
in  making  such  improvements  connected  with  the  city  and  county  as 
may  be  deemed  by  the  City  Council  and  Commissioners  Court  neces- 
sary to  improve  the  public  health  and  to  promote  efficient  sanitary  regu- 
lations, and  by  mutual  agreement  they  may  provide  for  the  construction 
of  such  improvements  and  the  payment  therefor. 

7.  To  regulate  the  burial  of  the  dead  and  to  prohibit  public  funerals 
in  cases  of  death  from  contagious  or  infectious  diseases;  to  purchase, 
establish  and  regulate  one  or  more  cemeteries  within  or  without  the 
city  limits;  to  regulate  the  registration  of  marriages,  births  and  deaths; 
to  direct  the  returning  and  keeping  of  bills  of  mortality,  and  to  impose 
penalties  on  physicians,  ministers,  sextons  and  others  for  any  default 
in  the  premises. 

8.  To  provide  for  the  erection  of  all  needful  buildings  for  the  use 
of  the  city  within  its  limits,  and  to  determine  when  it  is  necessary  to 
acquire  property  or  the  use  thereof  by  the  power  of  eminent  domain 
for  all  purposes  for  which  the  city  may  lawfully  exercise  such  power. 

9.  To  license  and  regulate  ^auctioneers,  grocers,  merchants,  retailers, 
hotels,  boarding  houses  and  bakeries,  and  to  license  and  regulate  or 


Eevised  Ordinances  of  the  City  of  Austin.  51 

suppress  by  ordinance  hawkers,  peddlers,  brokers,  pawnbrokers  and 
money  changers, 

10.  To  license  and  regulate  hacks,  carriages,  omnibuses,  wagons 
and  drays,  and  to  fix  the  rate  to  be  charged  for  carriage  of  persons  and 
for  wagonage,  cartage  and  drayage  of  property. 

11.  To  license  and  regulate  theatrical  and  other  exhibitions,  shows 
and  amusements. 

12.  To  license  and  regulate  billiard  tables,  bowling  alleys,  restau- 
rants, drinking  houses  and  saloons,  and  all  places  and  establishments 
where  intoxicating  or  fermented  liquors  are  sold,  and  to  regulate  their 
location;  and  to  restrain  and  suppress  street  beggars,  disorderly  houses, 
lotteries  and  all  fraudulent  devices  and  practices. 

13.  To  suppress  gaming  and  gambling  of  all  kinds  and  descriptions, 
and  to  prevent  the  same. 

■  14.  To  prohibit  bawdy  houses,  houses  of  prostitution  and  assignation 
houses,  and  to  punish  prostitutes  and  keepers  of  houses  of  prostitution 
within  the  city. 

15.  To  provide  for  the  prevention  and  extinguishment  of  fires,  and 
to  organize  and  establish  fire  companies;  also  to  regulate,  restrain  and 
prohibit  the  erection  and  repair  and  maintenance  of  wooden  buildings 
in  any  part  of  the  city,  and  to  declare  all  wooden  buildings  which  they 
may  deem  dangerous  on  account  of  fire  nuisances,  and  to  require  the 
same  to  be  removed  in  such  manner  as  the  Council  may  direct. 

16.  To  regulate  and  prevent  the  carrying  on  of  manufactories  dan- 
gerous in  causing  or  producing  fires;  to  appoint  fire  wardens  and  prop- 
erty guards  with  power  to  remove  and  keep  away  from  the  vicinity  of 
any  fire  any  suspicious  person  lurking  near  the  same,  and  to  compel 
any  person  or  persons  present  to  aid  in  extinguishing  the  fire  or  in  the 
preservation  of  property  exposed  to  the  same,  and  to  prevent  goods  from 
being  purloined  thereat,  and  with  such  other  powers  and  duties  as  may 
be  prescribed  by  ordinance. 

17.  To  compel  the  owners  of  house,s  and  other  buildings  to  have 
scuttles  upon  the  xoof  of  any  such  buildings  or  houses  and  stairs. and 
ladders  leading  to  the  same. 

18.  To  create  a  Board  of  Fire  Commissioners. 

19.  To  regulate  and  prescribe  the  manner  of  building  partition  and 
parapet  walls  and  of  partition  fences. 

20.  To  establish  standard  weights  and  measures,  and  to  regulate  the 
weights  and  measures  to  be  used  in  the  city  in  all  cases  not  otherwise 
provided  for  by  law. 

21.  To  provide  for  the  inspection  of  lumber,  the  measurement 
thereof  and  other  building  materials. 


52  Eevised  Ordinances  of  the  City  of  Austin. 

22.  To  provide  for  the  inspection  and  weights  of  hay,  the  measure 
of  charcoal  and  other  fuel  to  be  used  in  the  city. 

23.  To  regulate  and  prescribe  the  duties  and  powers  and  compensa- 
tion of  all  officers  and  employes  of  the  city  in  accordance  with  limitations 
of  this  charter_,  and  to  require  bonds  from  them. 

24.  To  provide  for  the  taking  of  an  enumeration  of  the  inhabitants 
of  the  city. 

25.  To  provide  for  the  removal  from  office  of  any  person  holding  an 
office  created  by  this  act  or  by  ordinance  not  otherwise  provided  for. 

26.  To  fix  the  compensation  and  regulate  the  fees  of  all  jurors  and 
witnesses,  to  impose  fines,  forfeitures  and  penalties  for  the  breach  of  any 
ordinance,  and  to  provide  for  the  recovery  and  appropriating  of  such 
fines  and  forfeitures  and  the  enforcement  of  such  penalties;  provided, 
that  no  penalty  shall  exceed  a  fine  of  two  hundred  dollars  or  imprison- 
ment not  exceeding  fifteen  days  for  any  one  offense,  or  both. 

27.  To  erect  a  workhouse  and  prison  and  a  house  of  correction,  and 
to  provide  for  the  regulations  and  government  thereof. 

28.  To  regulate  and  license  all  ferries  and  toll  bridges  within  the 
limits  of  the  city  except  that  portion  of  the  Colorado  River  above  the 
northern  boundary  corporate  line  of  the  city  calling  to  run  westwardly 
would  intersect  the  Colorado  Eiver  if  prolonged  westwardly,  nor  shall 
any  ordinance  be  enforced  prohibiting  hunting  or  fishing  on  said  por- 
tion of  the  river;  provided,  that  hunting  or  fishing  in  said  territory 
may  be  regulated  by  the  City  Council. 

29.  To  prevent  and  restrain  any  riot,  disturbance  or  disorderly  as- 
sembly in  any  street,  house  or  place  in  the  city. 

30.  To  use,  regulate,  improve,  grade  and  control  all  grounds  owned 
by  the  city  within  its  limits. 

31.  To  regulate  the  size_,  number  and  manner  of  construction  of 
doors  and  stairways  of  theaters,  tenement  houses,  audience  rooms,  public 
halls  and  all  buildings  used  for  the  gathering  of  large  numbers  of 
people,  whether  now  built  or  hereafter  to  be  built,  so  that  there  may  be 
convenient,  safe  and  speedy  exits  in  case  of  fire. 

32.  To  require  the  construction  of  suitable  fire  escapes  on  or  in 
hotels,  lodging  houses,  factories  and  other  buildings,  whether  now  or 
hereafter  to  be  built. 

33.  To  authorize  one  or  more  officers,  agents  or  employes  of  the  city 
to  enter  into  and  open  all  buildings  and  premises  for  the  purpose  of 
examining  and  discovering  whether  or  not  the  same  are  dangerous  on 
account  of  fire  or  in  an  unclean  state,  and  cause  the  defect  to  be  reme- 
died and  filth  and  trash  to  be  removed,  and  generally  the  Council  shall 
have  the  power  to  establish  such  regulations  for  the  prevention  and 
extinguishment  of  fires  as  it  may  deem  expedient. 


Eevised  Ordinances  of  the  City  of  Austin.  53 

34.  To  prevent,  prohibit  and  suppress  horse  racing,  immoderate 
riding  or  driving  in  the  streets;  and  prohibit  and  punish  abuse  of  and 
cruelty  to  animals  of  every  kind;  to  compel  persons  to  fasten  their 
horses  or  animals  attached  to  vehicles  while  standing  or  remaining  in 
the  streets  or  other  public  places. 

.  35.  To  prohibit  the  rolling  of  hoops,  flying  of  kites,  firing  of  fire- 
crackers or  fireworks  of  any  kind,  or  any  other  amusement  having  a 
tendency  to  annoy  persons  passing  the  streets  or  on  the  sidewalks;  to 
restrain  and  prohibit  or  regulate  the  ringing  of  bells,  the  blowing  of 
horns,  whistles  or  bugles,  the  crying  of  goods  and  all  other  noises, 
practices  or  performances  tending  to  collect  persons  on  the  streets  or 
sidewalks  by  auctioneers  or  others  for  the  purpose  of  business  or  other- 
wise. 

36.  To  prevent  all  boxing  matches,  sparring  exhibitions,  cock  fight- 
ing and  dog  fighting,  and  punish  all  persons  making  such  exhibitions. 

37.  To  regulate  and  prevent  drumming  on  the  streets  or  sidewalks, 
railroad  platforms  or  other  public  places. 

38.  To  require  the  owners  of  private  drains,  sinks  and  privies  to 
fill  up,  clean,  drain,  relay,  alter,  repair,  fix  and  improve  the  same  as  they 
may  be  ordered  by  resolution  or  ordinance,  so  as  to  prevent  the  same 
being  or  becoming  a  nuisance,  and  to  impose  penalties  on  persons  not 
doing  the  same.  And  if  there  be  no  person  in  the  city  upon  whom  such 
order  can  be  served,  the  city  can  have  work  done  and  the  cost  of  same 
shall  be  a  lien  on  the  property  taxed  up  against  and  collected  in  such 
manner  as  the  City  Council  may  direct. 

39.  To  build,  own  and  operate  street  railroads  within  and  beyond 
the  city  limits. 

40.  To  preserve  order  and  prevent  noise  and  confusion  in  and  about 
the  several  depots  on  the  arrival  and  departure  of  trains,  and  to  make 
and  regulate  stands  for  vehicles  at  said  depots  and  other  public  places, 

41.  To  prohibit  and  regulate  the  driving  of  cattle  or  other  animals 
through  the  streets  of  the  city. 

42.  To  inspect  the  construction  of  all  buildings  in  said  city,  and 
to  compel  the  connection  of  all  buildings  with  sewers  when  such  build- 
ings are  in  the  sewerage  district  where  sewers  are  in  operation,  and  to 
prescribe  the  rates  charged  for  such  sewerage. 

43.  To  regulate  and  locatie  the  erection  of  all  poles  in  the  city,  and 
cause  the  same  to  be  changed,  whether  telegraph,  telephone,  electric 
light  or  otherwise. 

44.  To  regulate  the  speed  of  locomotives,  engines  and  other  cars  and 
vehicles  in  the  city. 

45.  To  direct  and  control  the  laying  of  railroad  tracks,  turnouts 
and  switches,  and  require  that  they  be  constructed  and  laid  so  as  to 


54  Revised  Ordinaxces  of  the  City  of  Austin. 

interfere  as  little  as  possible  with  the  ordinary  travel  and  use  of  the 
streets,  and  to  require  that  they  be  kept  in  repair. 

46.  To  erect,  construct,  build,  operate  and  maintain  a  water  and 
electric  light  system  to  supply  the  city  and  its  inhabitants  with  water 
and  electric  lights  by  constructing  and  maintaining  a  reservoir  of  water 
in  and  about  the  channel  of  the  Colorado  Eiver  within  and  without  the 
city  limits  by  means  of  the  dam  across  the  same,  as  the  same  is  now 
constructed,  to  serve  as  a  reservoir  and  to  furnish  power  to  operate  an 
electric  light  system  and  build  such  other  reservoirs  as  may  be  neces- 
sary at  such  an  elevated  point  within  and  without  the  city  as  may  be 
necessary  to  supply  the  higher  portions  of  the  city  with  water.  That 
for  the  purpose  of  constructing  and  maintaining  such  water  and  light 
system  the  city  shall  have  the  power  to  take,  hold  and  acquire  such 
property  within  or  without  the  limits  of  the  city  as  may  be  necessary  for 
the  city  to  obtain  in  order  to  build  such  system  or  any  part  thereof,  but 
no  property  shall  be  taken  overflowed  with  water  or  otherwise  damaged 
by  the  city  within  or  without  the  limits  for  such  purpose  without  the 
consent  of  the  owner  thereof  except  by  due  process  of  law,  and  upon 
making  adequate  compensation  for  the  property  so  taken  or  damaged 
or  overflowed.  When  the  owner  of  property  which  shall  be  overflowed 
or  damaged  by  the  construction  of  such  system  of  water  and  light  works, 
or  which  it  may  be  necessary  for  the  city  to  acquire,  can  not  agree  with 
the  city  as  to  the  amount  to  be  paid  for  injury  to  property  or  for  over- 
flowing same  or  the  price  which  the  city  should  pay  to  acquire  such 
property  the  city  may  condemn  such  property  as  it  may  deem  necessary 
for  it  to  acquire  for  such  purposes,  and  have  the  damages  assessed  which 
the  city  should  pay  for  injury  to  property  to  be  overflowed  by  water  or 
otherwise  injured  in  the  manner  that  railroad  corporations  are  now  or 
may  from  time  to  time  be  authorized  to  condemn  property,  and  may  in 
like  manner  have  the  damages  to  be  paid  for  the  property  injured  or 
overflowed  assessed  and  established,  the  city  occupying  the  place  of  the 
railroad  corporation  in  such  proceedings. 

47.  To  provide  for  the  inspection  of  boats  carrying  passengers  and 
freights  for  hire  on  the  reservoir  or  lake  on  the  Colorado  River,  formed 
by  the  construction  of  the  dam  across  said  river,  and  to  prescribe  all 
necessary  rules  and  regulations  for  the  safe  conduct  of  boats  thereon, 
and  to  exercise  general  police  power  over  said  reservoir  or  lake. 

48.  To  regulate  the  use  of  locomotive  engines,  and  to  direct  and 
control  the  location  of  cables  and  all  other  railroad  tracks,  and  to  re- 
quire railroad  companies  of  all  kinds  to  construct  at  their  own  ex- 
pense such  bridges,  turnouts,  culverts  and  crossings  as  the  City  Council 
may  deem  necessary. 

49.  To  regulate  the  speed  of  railway  trains  in  the  city  limits  and 


Eevised  Ordinances  of  the  City  of  Austin.  55 

their  stops  at  the  crossings,  and  require  said  companies  to  keep  the 
streets  through  which  they  run  in  repair. 

50.  To  regulate  the  running  of  horse  railroad  cars  or  cars  propelled 
by  dummy  engines  or  other  power,  and  laying  down  tracks  for  the 
same;  the  transportation  of  passengers  thereon,  the  form  of  rails  to  be 
used. 

51.  To  establish  and  regulate  public  pounds,  and  to  regulate  and 
prohibit  the  running  at  large  of  horses,  cattle,  mules,  sheep,  swine,  goats, 
geese,  dogs,  and  other  animals  or  fowls,  and  to  authorize  the  distraining, 
impounding  and  sale  of  same  for  the  cost  of  the  proceeding  and  the 
penalty  incurred,  and  to  order  their  destruction  when  they  can  not  be 
sold,  and  to  impose  penalties  on  the  owners  or  harborers  thereof  for  vio- 
lation of  any  ordinance. 

53.  To  provide  for  the  holding  of  election  by  the  people,  and  to 
regulate  the  manner  of  holding  the  same,  and  every  male  inhabitant  in 
the  city  qualified  to  vote  for  State  and  county  officers  in  Travis  County 
who  shall  have  resided  six  months  in  the  limits  of  the  city  shall  be 
qualified  to  vote  for  city  officers  under  this  act. 

53.  To  consent  that  the  Mayor  shall  remit  specific  fines,  forfeitures 
and  penalties  and  grant  specific  reprieves  and  pardons  for  offenses  aris- 
ing under  the  ordinances  of  the  city. 

Article  171.  The  Council  may  enact  any  ordinance  not  in  con- 
flict with  the  penal  laws  of  this  State. 

Article  172.  Whenever  any  vacancy  shall  happen  in  the  office  of 
Mayor  or  Alderman  within  six  months  before  time  for  holding  a  general 
election,  it  shall  be  filled  by  election  by  the  City  Council  of  some  person 
not  a  member  of  the  Council. 

Article  173.  The  City  Council  may  require  a  new  bond  of  the 
City  Assessor  and  Collector  if  in  their  opinion  the  existing  bond  is  insuf- 
ficient. 

Article  174.  That  the  City  Council  shall'  have  power  subject  to 
the  restrictions  herein  contained  to  make  all  ordinances  which  may 
be  necessary  and  proper  for  carrying  into  effect  the  powers  specified 
herein;  provided,  that  the  Council  shall  have  no  power  to  prohibit  the 
owners  of  property  abutting  on  the  Colorado  River  from  fishing  in 
that  river  and  resorting  thereto  for  water  and  having  access  thereto  for 
themselves  and  stock. 

Article  175.  Whenever  an  election  is  contested  the  City  Council 
shall  determine  the  same. 


66  Eevised  Ordinances  of  the  City  of  Austin. 

CHAPTER  III. 
requirements  of. 

Article  176.  The  Council  shall  within  two  months  after  the  be- 
ginning of  each  fiscal  year,  and  after  the  salaries  of  officers  and  regular 
employes  shall  have  been  fixed  for  the  year,  cause  to  be  made  or  adopt 
an  estimate  of  the  probable  income  from  all  sources  which  will  be  col- 
lected for  the  general  fund  during  the  fiscal  year,  and  of  the  expenditures 
to  pay  salaries  and  wages  of  officers  and  regular  employes  and  of  the 
amount  required  to  meet  the  other  ordinary  expenses  of  the  city  gov- 
ernment, not  including  work  on  streets  and  bridges  or  other  public  im- 
provements ;  said  estimate  shall  be  spread  upon  the  minutes  of  the  Coun- 
cil when  adopted,  and  may  be  amended  when  the  Council  may  deem 
them  incorrect. 

Article  177.  After  the  adoption  of  the  said  estimate,  it  shall  be 
unlawful  for  the  City  Council  to  so  appropriate  sums  out  of  the  general 
funds  as  to  reduce  the  general  fund  below  the  amount  which  if  said 
estimate  be  taken  as  correct  will  pay  the  said  estimated  expenses  of 
the  city  government  for  the  pending  fiscal  year. 

Article  178.  The  City  Council  shall  cause  to  be  published  within 
a  month  after  the  end  of  each  fiscal  year  a  full,  complete  and  detailed 
statement  of  all  moneys  received  and  expended,  classifying  each  receipt 
and  expenditure  under  its  proper  head. 

Article  179.  The  Council  shall  provide  for  such  policemen  as  may 
be  necessary  for  the  proper  policing  of  the  city,  which  policemen  shall 
receive  such  compensation  as  inay  be  provided  by  the  Council. 

Article  180.  The  City  Council  shall  by  ordinance  prescribe  the 
rules  to  govern  the  said  Board  of  Equalization. 

CHAPTEE  IV. 

proceedings  of MAY   BE  PUBLISHED. 

Article  181.  Whenever  the  Council  may  so  direct,  a  synopsis  of 
the  journal  of  its  proceedings  may  be  published  in  some  newspaper 
published  in  the  city,  but  such  proceedings  shall  not  be  published  unless 
it  be  by  direction  of  the  City  Council. 


Revised  Ordinances  of  the  City  of  Austin.  57 


TITLE   XII. 


ELECTIONS. 


CH'APTER  I. 

REGULATION  OF. 

Article  182.  The  City  Council  shall  provide  for  the  holding  of  elec- 
tion by  the  people,  to  be  held  in  accordance  with  law,  and  every  male 
inhabitant  in  the  city  qualified  to  vote  for  State  and  county  officers  in 
Travis  County  who  shall  have  resided  six  months  in  the  limits  of  the 
city  shall  be  qualified  to  vote  for  city  officers  under  this  act. 

Article  183.  The  officers  of  the  city  to  be  elected  by  the  voters  of  the 
city  shall  be  elected  at  a  regular  city  election  to  be  held  on  the  first 
Monday  in  April  of  each  odd  year. 

Article  184.  When  two  or  more  persons  shall  have  an  equal. number 
of  votes  for  any  office  a  new  election  shall  be  ordered  by  the  Mayor  ex- 
cept when  the  election  is  contested,  and  when  contested  determine  such 
tie. 

Article  185.  Whenever  any  vacancy  shall  happen  in  the  office  of 
Mayor  or  Alderman  more  than  six  months  before  a  general  election  same 
shall  be  filled  by  a  special  election  by  the  qualified  voters  of  the  city. 

Article  186.  All  elections  shall  be  by  ballot,  and  shall  be  held  at 
such  times  and  places  as  the  City  Council  shall  appoint,  except  that 
general  elections  shall  be  held  on  the  first  Monday  in  April  of  each 
odd  year,  and  all  elections  shall  be  on  a  Monday. 

Article  187.  Judges  of  election  shall  be  appointed  by  the  City 
Council ;  they  shall  take  an  oath  to  faithfully  and  impartially  discharge 
their  duties;  they  shall  open  the  polls  at  8  o'clock  a.  m.,  and  close  them 
at  6  o'clock  p.  m.  The  election  shall  continue  but  one  day,  and  during 
that  day  the  polls  shall  be  closed  under  no  pretext  whatever  until  6 
o'clock  p.  m.  After  the  polls  are  closed  the  judge?  shall  proceed  to  as- 
certain and  certify  the  result  of  the  election ;  provided,  that  each  political 
party  shall  be  entitled  to  have  present,  when  the  ballots  are  counted,  one 
or  more  representatives  of  its  own  selection,  but  no  person  shall  be  per- 
mitted to  interfere  with  or  obstruct  the  judges  of  election  in  counting 
the  ballots  and  declaring  the  result. 

Article  188.  Xo  election  shall  be  held  in  any  grog  shop,  saloon,  or 
other  places  where  intoxicating  liquors  are  vended. 


58  Revised  Ordinances  of  the  City  of  Austin. 

Article  189.  Printed  or  written  instructions  and  blanks  for  the 
returns  shall,  in  all  cases,  be  furnished  to  the  judges  of  election  by  the 
Mayor,  and  all  returns  of  elections  shall  be  directed  and  delivered  to  the 
Mayor.  The  judges  of  election  shall,  in  all  cases,  preserve  a  duplicate 
copy  of  the  returns. 

Article  190,  Whenever  any  election  is  to  be  held  for  the  city,  either 
at  the  general  elections  or  to  fill  a  vacancy,  the  Mayor  shall  give  notice 
thereof  at  least  ten  days  before  the  day  fixed  for  said  election,  by  printed 
notices  posted  in  three  or  more  publia  places  in  the  city,  setting  forth 
clearly  all  the  requirements  of  the  law  to  the  voters,  the  places  of  voting, 
the  officers  to  be  elected,  and  the  time  fixed  for  said  election;  naming  at 
the  same  time,  the  judges  and  clerks  appointed  by  the  City  Council  for 
each  place  of  voting,  such  places  of  voting  to  be  fixed  by  the  City  Coun- 
cil, and  the  manner  of  conducting  said  election  and  making  the  returns 
thereof  shall  be  the  same  as  is  provided  by  law  in  State  and  county  elec- 
tions, except  as  modified  in  the  charter  of  this  city. 

CHAPTEE  II. 

CONTEST  OF. 

Article  191.  All  contested  elections  shall  be  tried  and  determined  by 
the  City  Council.  Any  person  desiring  to  contest  the  election  of  any 
officer  in  this  city  shall,  within  three  days  after  the  return  day,  give 
him  notice  thereof,  in  writing,  and  shall  deliver  to  him  a  written  state- 
ment of  the  grounds  of  his  contest.  And  the  person  whose  election  is 
contested  shall,  within  three  days  after  receiving  such  notice  and  state- 
ment, deliver  to  said  contestant  his  reply  to  said  statement.  The  City 
Council,  in  the  trial  of  contested  elections,  shall  be  governed  by  the 
laws  of  the  State  of  Texas  regulating  contested  elections  for  State  and 
county  offices,  so  far  as  the  same  are  applicable. 

Article  192.  All  contested  elections  shall  be  decided  within  fifteen 
days  from  the  date  of  election. 

Article  193.  In  all  cases  of  contested  election  before  the  City  Coun- 
cil, the  proceeding  shall  be  conformed  as  nearly  as  may  be  to  the  pro- 
visions for  removal  and  suspension  of  officers  of  the  city. 

Article  194.  At  the  trial  of  a  contest  for  the  office  of  Alderman,  the 
Mayor  shall  preside ;  but  when  the  contest  is  for  the  office  of  Mayor,  the 
President  of  the  City  Council  shall  be  presiding  officer,  but  without  a 
casting  vote. 

Article  195.  In  case  of  a  contest  for  the  office  of  Mayor  or  Alder- 
man, if  the  same  be  decide^d  in  favor  of  either  party,  such  successful  con- 
testant shall  be  immediatelv  declared  elected  and  installed  in  office ;  other- 


Eevised  Ordinances  of  the  City  of  Austin.  59 

wise  the  office  shall  be  declared  vacant  by  the  Boartl  of  Aldermen,  when 
the  Mayor  shall  order  a  new  election. 

Article  196.  In  any  case  of  contested  election,  the  Council  shall, 
upon  the  evidence  presented,  decide  the  contest  by  a  majority  vote  of  a 
full  Board  of  Aldermen,  the  Mayor  having  a  casting  vote  in  ease  of  a  tie. 


60  Bevised  Ordinances  of  the  City  of  Austin. 


TITLE  XIII. 


FIRE,  PROTECTION  AGAINST. 


CHAPTER  I. 
fire  department, 
i.    organization. 

Article  197.  The  Fire  Department  of  the  City  of  Austin  shall 
consist  of  officers  and  members  of  the  engine  and  hook  and  ladder  and 
hose  companies  now  organized  and  all  such  other  companies  as  may  here- 
after be  organized  in  the  city  and  admitted  to  the  Fire  Department  under 
the  regulations  hereinafter  provided. 

Article  198.  The  officers  of  the  Fire  Department  shall  consist  of 
one  Chief  Engineer,  one  Assistant  Chief  Engineer  and  one  Eecorder,  to 
be  elected  annually  by  ballot  on  the  third  (3rd)  Monday  of  March  of 
each  year,  at  such  place  as  may  be  selected  by  the  Mayor,  the  polls  to 
be  opened  at  3  p.  m.  and  closed  at  9  p.  m.,  to  be  under  the  supervision 
of  one  member  of  the  Fire  Department,  selected  by  the  Mayor,  and  one 
member  from  each  company,  to  be  selected  by  the  companies. 

The  candidates  for  the  above  named  offices  to  be  chosen  from  the 
members  of  the  Fire  Department,  and  when  so  selected  and  confirmed  by 
the  City  Council,  shall  be  inst.alled  on  the  anniversary  of  the  Battle  of 
San  Jacinto  following,  and  shall  hold  their  respective  offices  until  their 
successors  are  duly  elected  and  qualified. 

In  case  of  any  vacancy  in  the  above  named  offices  of  the  Fire  Depart- 
ment, the  Foreman  and  Assistant  Foreman  of  the  respective  companies 
shall  meet  as  soon  thereafter  as  practicable  and  select  by  ballot  such 
person  as  they  may  want  appointed,  whose  name  shall  be  presented  to 
the  City  Council  for  confirmation  or  rejection. 

In  case  of  rejection  by  the  City  Council  of  the  person  named,  another 
meeting  shall  be  held,  and  they  shall  in  the  same  manner  select  some 
other  person,  whose  name  sliall  be  sent  to  the  City  Council  for  confirma- 
tion. 

Article  199.  No  person  shall  be  eligible  to  the  office  of  Chief  En- 
gineer, Assistant  Engineer  or  Recorder  unless  he  has  been  an  active 
member  for  three  (3)  years  next  preceding  his  election. 

Article  200.     The  election  of  officers  shall  be  by  ballot,  each  member 


Eevised  Ordinances  of  the  City  of  Austin.  61 

of  the  Fire  Department  being  entitled  to  one  vote ;  plurality  of  votes  cast, 
when  more  than  two  candidates,  elects.  The  Department  shall  meet  at 
time  and  place  appointed,  of  which  ten  (10)  days'  notice  shall  be  given 
by  the  Chief  Engineer. 

Article  201.     Vote  shall  be  by  Australian  ballot  system. 

Article  203.  Official  ballot  shall  be  prepared  by  Department  officers 
and  placed  by  them  in  the  hands  of  a  printer,  selected  by  them,  at  least 
five  (5)  days  before  the  day  of  election. 

Article  203.  The  necessary  election  expenses  incurred,  printing  of 
ballots,  etc.,  shall  be  paid  out  of  the  Department  funds. 

Article  204.  All  members  of  any  company  belonging  to  the  De- 
partment are  entitled  to  vote  in  all  ballot  elections ;  providing  the  mem- 
ber offering  to  vote  has  been  such  a  member  ninety  (90)  days  prior  to 
the  date  of  election;  and,  providing  further,  that  no  company  shall  be 
entitled  to  vote  more  votes  than  it  has  members  under  its  Constitution. 

Article  205.  The  Secretary  of  the  various  companies  of  the  Depart- 
ment shall  furnish  to  the  Eecorder'of  the  Department  a  certified  list  of 
their  members  who  are  qualified  voters,  ten  (10)  days  prior  to  the  date 
on  which  any  election  is  to  be  held. 

Article  206.  The  Chief  Engineer,  the  Assistant  Chief,  the  Eecorder 
and  Foreman  of  each  company,  with  the  Fire  Committee  of  the  City 
Council,  shall  constitute  a  Board  of  Fire  Commissioners,  vested  with 
authority  to  make  such  rules  and  regulations  pertaining  to  the  Fire 
Department  as  may  be  necessary  from  time  to  time,  and  to  investigate 
and  adjudicate  in  all  cases  of  irregularity,  insubordination  or  disorder 
arising  at  fires,  or  on  any  other  case  in  the  Fire  Department,  the  action 
of  said  board  to  be  final. 

Article  207.  The  Fire  Commissioners  shall  meet  at  the  call  of  the 
Chief  Engineer,  who  shall  issue  such  call  whenever  he  deems  the  inter- 
est of  the  Department  requires  it,  or  whenever  three  (3)  members  of  the 
Fire  Commissioners  make  a  request  to  do  so,  and  two-thirds  (f)  of  the 
members  of  the  Board  shall  constitute  a  quorum. 

Article  208.  When  any  new  fire  company  is  proposed  to  be  organ- 
ized, a  roll  of  the  proposed  active  members  shall  be  submitted  to  the 
Board  of  Fire  Commissioners,  whose  duty  it  shall  be  forthwith  to  exam- 
ine into  the  good  character  and  capacity,  as  firemen,  of  the  persons  pro- 
posed, and  also  as  to  the  necessity  of  the  proposed  comj^anv,  and,  on 
their  favorable  report  to  the  City  Council,  said  new  companies  may  be 
organized  and  admitted  to  the  Fire  Department,  and  not  otherwise. 

Article  209.  There  shall  be  elected  annuallv  by  each  fire  company, 
at  such  time  as  they  may  determine,  from  their  own  members,  one  Fore- 
man, one  Assistant  Foreman,  one  Second  Assistant  Foreman,  and  such 
other  officers  as  they  may  deem  necessary,  who  shall  be  furnished  with 


62  Eevised  Ordinances  of  the  City  of  Austin. 

a  certificate  of  their  election  by  the  Secretary  of  the  company,  that  they 
may  be  commissioned  by  the  Mayor. 

Article  210.  The  number  of  active  members  shall  not  be  less  than 
twenty  (20)  nor  more  than  seventy-five  (75)  men,  each  of  whom  shall 
be  reported  by  name  to  the  Mayor,  provided  that  each  company  shall 
have  the  right  at  any  time,  as  a  reward  for  long  services  or  other  merit, 
to  place  upon  a  roll  of  retired  or  honorary  membership  any  member  of 
said  company  whose  name  shall  not  be  entered  upon  the  roll  of  active 
members,  but  who  shall  be  entitled  to  the  benefits  of  members,  without 
compulsory  services  or  assessment;  and  provided,  that  this  section  shall 
not  conflict  with  the  number  of  men  allowed  by  the  State  legislation  to 
chartered  companies. 

Article  211.  The  Chief  Engineer  shall  command  the  Fire  Depart- 
ment. It  shall  be  his  duty,  with  the  force  and  apparatus  under  his 
command,  to  prevent  the  destruction  by  fire  of  buildings  and  property 
within  the  City  of  Austin;  and  he  shall  exercise  full  authority  in  the 
premises,  according  to  such  ordinances  as  the  City  Council  have  or  may 
hereafter  ordain ;  and  the  Chief  Engineer  and  Department  shall  be 
responsible  only  to  the  City  Council  for  their  official  acts  and  conduct. 

The  Chief  Engineer  shall  be  empowered,  and  it  shall  be  his  duty, 
to  call  out  the  entire  Fire  Department  once  a  year  for  general  inspection 
of  engines,  trucks,  apparatus  and  equipments,  and  for  the  washing  of 
engines;  the  21st  day  of  April  of  each  year  shall  be  the  time  at  which  this 
is  to  be  done,  and  it  shall  be  his  further  duty  to  make  a  report  of  such 
inspection  to  the  City  Council  annually,  and  such  report  shall  be  made 
prior  to  January  1st  of  each  year,  and  which  report  shall  contain  a 
return  of  the  property  of  the  city  in  the  possession  of  each  company, 
and  shall  further  contain  an  account  of  services  rendered  by  each  com- 
pany and  the  manner  in  which  the  several  companies  have  discharged 
their  duties. 

The  Chief  Engineer  shall  further  have  the  power  to  suspend  any  one 
company  for  one  month  for  neglect  of  duty  or  refusal  to  obey  his  ordiers, 
and  report  the  same  to  the  Council,  who  may  order  said  company  to  be 
disbanded  or  reinstated  by  resolution. 

It  shall  not  be  lawful  for  the  Chief  to  call  out  the  Department  for 
other  than  -annual  parade,  annual  inspection,  or  for  the  funeral  of  the 
deceased  members  of  the  Department  and  officers  of  the  citv'  government. 

Article  212.  It  shall  be  the  duty  of  the  Chief  Engineer,  at  least 
once  a  month,  to  make  a  thorough  inspection  of  the  apparatus,  buildings 
and  other  public  property  in  the  keeping  of  the  various  companies,  to 
see  that  they  are  at  all' times  kept  in  good  order  and  condition,  ready  for 
use,  and  to  make  a  full  report  of  the  condition  of  the  Department,  and 
of  the  property  of  the  city  in  their  possession  to  the  City  Council  an- 


Revised  Ordinances  of  the  City  of  Austin.  63 

nually.  He  shall  also  receive  from  any  of  the  companies  composing  the 
Department  communications  on  the  subject  of  repairs  required  to  the 
apparatus  or  buildings  or  other  wants  of  the  companies,  and  submit  the 
same,  with  his  recommendations  on  the  subject,  to  the  City  Council  for 
final  action. 

Article  213.  The  Chief  Engineer  shall  be  the  first  executive  officer 
of  the  Fire  Department,  and  shall  have  general  supervision  over  all 
officers,  members  and  employes  thereof.  He  shall  also  have  and  exercise 
supreme  command  at  all  fires  over  the  officers,  members  and  employes  and 
over  all  the  apparatus  and  appurtenances  belonging  to  the  Department. 

He  shall  take  all  measures  which  he  may  deem  expedient  for  the  ex- 
tinguishment of  fires  and  the  protection  of  property  and  saving  of  life, 
and  shall  see  that  all  laws  and  ordinances  of  the  city  and  State,  and  all 
orders  and  rules  and  regulations  concerning  the  Fire  Department  are  en- 
forced. 

In  case  of  absence  of  the  Chief  Engineer  and  Assistant  Engineer,  the 
senior  Foreman  of  the  companies  present  shall  take  command  of  the 
Department  and  be  obeyed  as  Chief.  And  immediately  after  the  S'an 
Jacinto  celebration  of  each  year,  the  Chief  Engineer  shall  issue  an  order 
giving  the  dates  of  seniority  of  each  Foreman,  who  shall  rank  in  the 
order  of  such  seniority,  and  be  obeyed  accordingly  while  in  command  of 
the  Department,  as  before  stated,  and  shall  at  once  designate  the  senior 
officer. 

Article  214.  It  shall  be  the  duty  of  the  Assistant  Chief  Engineer  to 
execute  all  orders  given  him  by  the  Chief  Engineer  in  the  extinguishment 
of  fires ;  and  in  the  absence  of  the  Chief  Engineer,  he  shall  assume  and 
take  command  of  the  Fire  Department,  and  act  as  the  Chief  Engineer, 
and  he  shall  be  governed  by  the  same  ordinances  and  laws  that  govern  the 
Chief  Engineer  while  in  command. 

Article  215.  All  communications  from  the  Mayor  or  Citv  Council 
to  the  Fire  Department  shall  be  made  through  the  Chief  Engineer,  or, 
in  his  absence,  through  the  Assistant  Chief  Engineer  of  the  Fire  Depart- 
ment.    • 

Article  216.  All  officers  and  members  of  the  Department  are  strictly 
forbidden  to  make  any  purchases  for  the  Department,  except  by  direction 
of  the  Fire  Committee  of  the  City  Council  and  the  Chief  Engineer,  and 
all  expenditures  in  and  about  the  repair  of  the  fire  engines,  or  any  of  the 
apparatus,  shall  be  made  under  the  direction  of  the  Chief  Engineer. 

Article  217.  It  shall  be  the  duty  of  the  Recorder  of  the  Department 
to  keep,  in  a  book  provided  for  that  purpose,  a  fire  register,  showing  the 
names,  date  of  election  and  term  of  service  of  officers  and  members  of 
the.  Department,  the  data  for  Avhich  shall  be  furnished  monthly  by  the 


64  Revised  Ordinances  of  the  City  of  Austin. 

Secretaries  of  the  respective  companies,  giving  the  names  of  new  mem- 
bers and  of  any  deceased,  resigned,  suspended  or  expelled. 

He  shall  also  be  present  at  all  fires,  where  he  shall  take  command  of 
the  Fire  Police  and  establish  and  stretch  the  lines  as  directed  by  the 
Chief  Engineer. 

He  shall  also  act  as  Recorder  for  the  Board  of  Fire  Commissioners,  and 
perform  such  other  duties  as  are  required  by  the  Chief  Engineer. 

Article  218.  There  shall  be  a  Fire  Police,  consisting  of  three  (3) 
members  of  each  company  of  the  Department,  who  shall  be  appointed  by 
the  respective  companies  for  the  term  of  one  year.  The  duties  of  the 
members  of  the  Fire  Police  shall  be  and  extend  to  anything  connected 
with  fires,  to  serve  as  police  at  fires,  for  the  protection  and  preservation  of 
the  peace  and  of  property,  and  for  the  prevention  of  robbery  and  of 
crime;  to  prevent  the  interference  or  intermeddling  of  all  persons  not 
belonging  to  the  Fire  Department.  The  mem!bers  of  the  Fire  Police 
shall  be  sworn  in  as  special  policemen  of  the  city  by  the  Mayor,  and 
shall  have  all  powers  and  authority  vested  in  special  police  officers,  and 
they  shall  be  fTirnished  with  a  badge  marked  with  the  words  "Fire 
Police,"  to  be  worn  at  all  times;  and  each  of  the  Fire  Police  and  the 
Recorder  shall  be  furnished  with  a  uniform  whistle  for  signaling. 

The  command  of  said  Fire  Police  shall  devolve  upon  the  Recorder  of 
the  Department,  who  shall  only  be  subject  to  the  orders  of  the  Chief  or 
officer  in  command  of  the  Department. 

Article  219.  The  Recorder  shall  have  authority  to  appoint  an  as- 
sistant from  the  Fire  Police,  who  shall  serve  in  absence  of  the  Recorder 
and  be  designated  as  "Captain  of  Fire  Police."  It  shall  be  the  duty  of 
the  Fire  Police  to  stretch  lines  under  instructions  of  Recorder,  and  to 
keep  all  persons  other  than  firemen  outside  of  the  line. 

Article  220.  Every  member  of  the  Fire  Department  on  duty  at  fires 
shall  wear  in  a  conspicuous  place  the  badge  adopted  by  his  company. 

Article  221.  Whenever  any  engine,  truck,  ladders,  hose  or  other 
property  whatever  shall  be  furnished  to  any  fire  company  by  the  city, 
the  Foreman  of  said  company  shall  receipt  for  each  and  every  item 
thereof  on  the  property  books  of  the  Chief  Engineer,  and  he  and  his 
successors  shall  be  responsible  for  the  safe-keeping  thereof,  and  shall, 
on  the  first  (1st)  Monday  in  December  of  each  year,  make  to  the  Chief 
Engineer  a  report  of  the  condition  of  said  property,  including  all  articles 
lost,  destroj'ed,  damaged  or  worn  out,  and  the  cause  thereof. 

Article  222.  It  shall  not  be  lawful  for  any  person,  imder  any  pre- 
text whatever,  other  than  for  the  purposes  for  which  they  are  intended, 
to  take,  use,  break,  deface  or  injure  any  engine,  truck,  ladder,  bucket, 
axe  or  other  apparatus  belonging  to  or  in  possession  of  the  Fire  Depart- 
ment, or  any  member  or  company  thereof;  and  any  person  or  persons 


Eevised  Ordinaxces  of  the  City  of  Austin.  65 

violating  the  provisions  of  this  article  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall  be  punished  as  in  cases  of 
other  misdemeanors. 

II.      FIRE  LIMITS. 

Article  223.  The  fire  limits  of  the  City  of  Austin  are  hereby  fixed 
and  established  as  follows : 

The  fire  limits  shall  include  all  of  the  following  blocks,  situated  and 
fronting  on  the  east  side  of  Congress  Avenue,  namely,  blocks  Nos.  6,  18, 
30,  42,  56,  69,  84,  97,  111,  123,  and  180 ;  also  all  the  following  blocks 
situated  and  fronting  on  the  west  side  of  Congress  Avenue,  namely, 
blocks  Nos.  5,  19,  29,  43,  55,  70,  83,  98,  110,  124,  and  173;  also  all  of 
the  following  blocks  lying  and  fronting  on  the  south  side  of  Pecan  or 
Sixth  Street,  namely,  Nos.  54,  57,  58,  59,  60,  61,  and  62 ;  and  all  the 
following  blocks  lying  and  fronting  on  the  north  side  of  Pecan  Street, 
namely,  blocks  Nos.  64,  65,  66,  67,  68,  and  71 ;  and  the  territory  within 
the  limits  above  described  shall  be  designated  and  known  as  the  fire 
limits  of  the  city;  provided,  that  whenever  a  majority  of  the  owners  of 
any  one  block,  outside  of  the  fire  limits,  as  above  described,  shall  make 
written  application  to  the  Mayor  and  City  Council  to  have  said  block  so 
owned  by  them  included  within  the  fire  limits,  then  upon  the  filing  of 
said  application  with  the  City  Clerk,  duly  signed  by  a  majority  of  the 
owners  of  such  block,  asking  that  it  be  placed  within  the  fire  limits,  the 
said  block  shall  be  held  from  that  date  to  be  within  the  fire  limits,  and 
subject  to  all  the  restrictions  and  penalties  governing  the  fire  limits. 

III.      fire  REGULATIONS. 

Article  224.  An  alarm  of  fire  shall  be  given  by  ringing  two  or  more 
strokes  per  second  for  the  space  of  half  a  minute  or  more  on  the  fire 
alarm  bell  or  bells,  and  by  blowing  of  the  city  waterworks  whistle;  and  it 
shall  not  be  lawful  for  any  person  to  make  or  give  a  false  alarm  of  fire 
by  ringing  any  bell  or  blowing  whistles  in  a  similar  manner,  so  as  to  be 
mistaken  for  an  alarm  of  fire,  or  by  crying  fire. 

Article  225.  In  case  of  fire,  the  Chief  Engineer  of  the  Fire  Depart- 
ment, or  his  assistants,  shall  have  authorit}'  to  call  upon  any  citizen  to 
assist  in  any  manner  he  may  deem  necessary  in  quelling  the  flames ;  and 
it  shall  not  be  lawful  for  any  person,  when  so  called  upon,  to  fail  or  re- 
fuse to  give  his  assistance. 

Article  226.  The  Chief  Engineer  of  the  Fire  Department  may  cause 
any  house,  awning,  fence  or  other  combustible  material  to  be  removed 
or  destroyed,  if  it  becomes  absolutely  necessary  to  do  so  in  order  to  check 
further  spread  of  the  flames. 

Article  227.     The  Mayor,  Eecorder,  or  City  Marshal  shall  have  power 


66  Revised  Ordinances  of  the  City  of  Austin. 

to  require  all  persons  to  correct,  remove  or  abate  anything  or  state  of 
things  done,  caused  or  permitted  by  them,  which  would  be  liable  to  cause 
fire;  and  may  enter  any  premises  to  inspect  the  same  and.  to  ascertain  if 
anything  therein  be  liable  to  cause  fire ;  and  if  any  person  or  persons  shall 
fail  or  refuse  to  allow  such  inspection  or  to  correct,  remove  or  abate  the 
thing  or  state  of  things  liable  to  cause  fire,  when  so  required,  the  City 
Marshal  may  cause  the  correction,  removal  or  abatement  thereof,  calling 
such  assistance  as  may  be  necessary;  and  all  costs  attending  such  action 
shall  be  taxed  against  the  party  so  failing  or  refusing,  and  collected  as 
other  costs. 

Article  228.  Whenever  a  fire  shall  have  occurred  in  this  city,  it 
shall  be  the  duty  of  the  Mayor  or  Recorder,  on  the  written  application  of 
any  insurance  agent  interested  therein,  or  of  two  or  more  freeholders,  to 
make  an  examination  into  the  cause  or  origin  thereof,  and  if  he  deem 
it  necessary  he  may  summon  witnesses  and  take  any  testimony,  using 
the  same  rules  as  are  prescribed  by  law  for  examining  courts  in  criminal 
cases;  and,  if  he  find  sufficient  cause  therefor,  may  direct  the  City  At- 
torney to  proceed  as  prescribed  by  law  against  any  persons  found  to  be 
implicated  in  causing  such  fire.  And  the  same  fees  shall  be  allowed  and 
paid  by  the  city  in  such  cases  as  are  allowed  by  the  State  in  criminal  ex- 
aminations before  justices  of  the  peace. 

Article  229.  The  City  Council  may  at  any  time  order  the  owners 
or  agents  of  any  or  all  houses  in  the  corporate  limits  of  this  city  to  have 
scuttles  made  in  the  roofs  of  the  same  and  a  ladder  leading  thereto,  and 
such  other  regulations  as  they  may  deem  necessary  to  prevent  fires. 

rV.      FOREMAN. 

Article  230.  The  Foremen  shall  have  and  exercise  command  over 
their  respective  companies,  and  shall  be  responsible  for  the  discipline  and 
condition  thereof,  and  shall  see  that  the  houses  under  their  control,  and 
everything  pertaining  thereto,  horses,  harness,  apparatus  and  equipments, 
are  at  all  times  kept  in  proper  order. 

Article  231.  They  shall  enforce  a  strict  compliance  with  the  rules 
and  regulations  of  the  Department  and  the  orders  of  the  Chief  Engineer, 
and  report  to  him  any  infractions  thereof. 

Article  232.  The  Foremen  shall,  with  their  companies,  respond 
promptly  to  alarms  of  fire,  according  to  directions  issued  from  time  to 
time  by  the  Chief  Engineer,  and  upon  their  arrival  at  a  fire  immediately 
report  to  the  officer  in  command  in  person  or  by  messenger:  or,  if  first 
to  arrive,  assume  and  exercise  command  until  the  arrival  of  a  superior 
officer,  and  if  deemed  necessary,  shall  order  a  second  alarm  before  the 
arrival  of  a  superior  officer.  The  apparatus  should  immediately  upon 
arrival  at  fire  be  placed  in  position  for  service. 


Eevised  Ordinances  of  the  City  of  Austin.  67 

Article  233.  They  shall  perform  such  other  duties  as  may  be  re- 
quired of  them  by  their  superior  officers  and  the  rules  and  regulations 
of  the  Department. 

Article  234.  It  shall  be  the  duty  of  the  Foreman  of  each  company 
which  has  fifty  or  more  members  to  have  in  attendance  at  the  funeral  of 
a  Department  officer  or  any  member  of  the  city  government  not  less  than 
ten  men  in  uniform.  The  Foreman  of  each  company  of  less  than  fifty 
members  shall  have  in  attendance  at  the  same  funeral  not  less  than  six 
men  in  uniform. 

V.     drivers. 

Article  235.  Drivers  shall  take  proper  care  of  their  horses,  exercise 
the  greatest  caution  in  their  care  and  management,  keep  the  stalls  clean 
and  see  that  everything  pertaining  to  their  department  is  in  perfect  order 
and  in  readiness  for  immediate  service. 

Article  236.  They  shall  not  race  their  horses  while  responding  to  or 
returning  from  alarms  of  fire,  nor  shall  they  pass  other  apparatus  of  the 
Department,  unless  such  apparatus  or  horses  be  disabled.  All  proper  dis- 
patch consistent  with  safety  must  be  used  in  responding  to  alarms  of  fire. 
In  returning  from  a  fire  all  driving  shall  be  at  a  moderate  rate  of  speed. 

Article  237.  They  will  see  that  gongs  are  rung  at  short  intervals 
when  proceeding  to  a  fire. 

Article  238.  They  shall  not  drive  their  apparatus  over  hose  except 
when  absolutely  necessary. 

Article  239.  They  shall  perform  such  other  duties  as  are  required  by 
their  superior  officers  and  the  rules  and  regulations  of  the  Department. 

VI.     hose. 

Article  240.  Cotton  hose  must  not  be  allowed  to  remain  on  the 
wagon  more  than  twenty-four  hours  in  a  wet  or  damp  condition,  unless 
unavoidable.  The  hose  must  be  changed  every  fifteen  days,  unless  the 
same  has  been  in  actual  service  during  said  time,  and  when  said  change 
is  made. 

Article  241.  Cotton  hose,  after  being  used  at  a  fire,  and  when  re- 
turned to  quarters,  if  only  wet  or  damp,  will  be  immediately  hung  up  in 
the  tower.  If  any  hose  is  in  a  dirty  condition  from  mud,  etc.,  it  shall 
be  thoroughly  cleaned,  with  a  broom  and  water,  if  necessary. 

Article  242.  "WTien  changing  hose,  before  it  is  taken  from  the  wagon 
or  reel,  there  must  be  lowered  do^^oi  from  the  tower  all  the  hose  that 
is  to  be  put  on,  and  the  lengths  coupled  together,  care  being  taken  to  see 
that  the  couplings  and  swivels  are  in  perfect  order  and  that  all  have 
proper  washers.  A  small  quantity  of  tallow  or  oil  should  be  used  on  the 
threads  and  swivels,  but  not  enough  to  run  on  the  fabric  or  rubber,  as 
grease  will  injure  either.    What  hose  is  necessary  can  then  be  removed 


68  Revised  Okdinances  of  the  City  of  Austin. 

from  the  wagon  or  reel  and  the  dry  hose  placed  thereon;  the  wet  hose 
then  hoisted  in  the  hose  tower.  If  any  of  the  lengths  of  hose  are  injure<l, 
they  must  be  rolled  up  and  set  aside. 

VII.      GENERAL  RULES. 

Article  243.  It  shall  be  the  duty  of  any  fireman  who  shall  observe 
any  one  using  water  from  or  interfering  in  any  manner  with  any  fire 
hydrant  in  this  city  without  permission  from  the  Superintendent  of  the 
Water  and  Light  Department  to  report  same  immediately  to  the  Chief 
Engineer. 

Article  244.  Should  the  drivers  at  any  time  notice  any  dangerous 
holes  or  any  plugs  out  of  order,  they  shall  at  once  notify  their  respective 
Foreman  of  same,  who  shall  notify  the  Chief  Engineer  as  soon  as 
possible. 

Article  245.  Any  company  desiring  to  get  off  duty  for  any  cause, 
the  Foreman  must  notify  the  Chief  Engineer  beforehand,  and  the 
Foreman  must  see  that  each  driver  who  answers  in  his  district  is  notified 
Ijefore  he  allows  his  driver  to  leave  his  station.  The  Foreman  of  each 
company  answering  an  alarm  shall  report  as  soon  as  possible  to  the 
Chief  or  commanding  officer  either  in  person  or  by  messenger. 

Article  246.  A  general  alarm  of  two  minutes'  duration  will  be 
given  by  the  Fire  Department  in  case  of  a  riot  and  public  disturbances. 

Article  247.  Each  company  shall  carry  on  its  wagon  a  rope  100 
feet  long. 

Article  248.  No  one  shall  ride  or  drive  over  the  hose,  except  in  case 
of  absolute  necessity.  ^ 

Article  249.  When  a  fire  alarm  has  been  given  it  will  be  unlawful 
for  any  person  to  open  a  hydrant  or  to  draw  water  until  the  extinguish- 
ment signal  has  been  given,  which  signal  is  one  sharp  tap  on  the  fire 
bell  and  one  blast  of  the  whistle  at  the  power  house,  and  it  shall  be  the 
duty  of  the  Chief  to  see  that  this  extinguishment  signal  is  given  with- 
out fail. 

Article  250.  On  the  sounding  of  the  fire  alarm,  drivers  on  the  street 
must  pull  aside  and  the  street  cars  must  stop  until  the  trucks,  wagons 
and  engines  have  passed. 

Article  251.  In  case  of  fire  ring  500,  give  your  name  and  location 
of  fire,  street  and  number  of  house,  if  possible,  and  the  number  of  the 
ward. 

VIII.     firemen's  cemetery  lot. 

Article  252.  ThQ-  Firemen's  lot  shall  be  under  full  control  of  the 
Chief  Engineer,  whose  duty  it  shall  be  to  see  that  same  is  kept  in  good 
condition,  and  shall  issue  permit  for  burial  in  same  and  shall  designate 
the  location  of  the  grave. 


Eevised  Ordinances  of  the  City  of  Austin,  69 

ix.     unifoems. 

Chief  Engineer. 

Article  253.  Coat  to  be  double-breasted,  square  cut ;  to  button  to  the 
neck  with,  rolling  collar,  made  to  be  worn  open  or  closed;  seam  in  back, 
raw  edge,  ^  inch  double  stitched;  two  lower,  one  upper  pockets  with 
scalloped  flaps  3^  inches  deep  at  points;  two  inside,  cut  crosswise;  two 
rows  of  buttons,  8  in  each  row,  to  be  placed  in  pairs.  Sleeves  to  be 
stitched  to  a  point  from  3|  to  6  inches ;  four  buttons  on  sleeve.  Buttons 
to  be  gilt  and  set  in  with  rings.  Length  to  be  to  the  mid  die  of  first 
finger.  Lining  to  be  of  heavy  Italian  cloth  and  striped  satteen  sleeve 
lining. 

CHAPTEE  11. 

BUILDINGS  AND  SUPPLIES. 

Article  254.  It  shall  not  be  lawful  for  any  person  or  persons  to  erect 
or  build  any  fence  of  wood  or  combustible  material  to  a  greater  height 
than  six  feet  from  the  surface  of  the  ground,  within  the  fire  limits,  and 
any  person  or  persons  failing  to  comply  with  any  of  the  provisions  of 
this  article  shall  be  fined  not  less  than  ten  nor  n^ore  than  one  hun- 
dred dollars;  and  for  each  and  every  day  they  continue  to  build  fences 
of  greater  height  than  six  feet,  shall  constitute  a  separate  offense. 

Article  255.  That  it  shall  not  be  lawful  for  any  person  or  persons 
to  erect,  place,  move,  enlarge,  or  repair  within  the  fire  limits  of  this 
city  any  building  of  any  size  or  kind  whatever,  or  part  of  a  building  or 
an  addition  thereto,  the  outer  walls  of  which  are  of  any  material  other 
than  brick,  stone  or  concrete,  and  the  roof  other  than  tin,  zinc,  sheet- 
iron,  slate  or  gravel;  or  to  erect  within  the  fire  limits  any  booth,  tent, 
structure  of  wood  or  wooden  shed,  or  any  wooden  frame  work  to  be  cov- 
ered with  tin,  zinc,  sheet-iron  or  any  other  material ;  provided,  this  shall 
not  prevent  the  erection  of  frame  awnings,  sheds  or  galleries  over  the 
sidewalks  in  front  of  brick  or  stone  buildings  only  or  small  frame 
privies  in  the  lots  inside  of  the  fire  limits. 

Article  256.  It  shall  not  be  lawful  for  any  person  or  firm  within 
the  fire  limits  of  this  city  to  keep  on  hand  any  hay,  fodder,  straw,  shucks, 
shavings  or  other  combustible  material  in  an  open  lot,  alley  way,  street 
or  other  placfe;  but  any  one  person  or  firm  may  keep  on  hand  for  their 
own  use,  in  a  building  provided  for  that  purpose,  not  to  exceed  two 
thousand  (2000)  pounds  of  hay,  fodder  or  shucks;  and  provided  further, 
that  all  hay,  fodder,  straw,  shucks  or  long  forage  kept  for  sale  by  any 
person  or  firm  within  the  fire  limits,  shall  be  baled,  pressed  and  bound 
with  iron  ties  or  wire,  in  bales  not  more  than  four  hundred  (400)  pounds 
each  and  not  to  exceed,  in  all,  two  thousand  pounds  on  hand  at  any  one 


70  Revised  Ordinances  of  the  City  of  Austin, 

time,  and  when  Tcept  for  sale  within  the  fire  limits  it  shall,  be  kept  in  a 
brick,  stone  or  concrete  building  covered  with  metal,  slate  or  gravel. 

Article  257.  If  any  person  shall  within  the  fire  limits  of  this  city- 
keep  on  hand  any  hay,  straw,  fodder,  shucks  or  other  combustible  ma- 
terial, in  any  open  lot,  alleway,  street  or  other  place,  without  having 
the  same  securely  enclosed,  so  as  to  protect  it  from  flying  sparks  of  fire, 
he  shall,  on  conviction,  be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars. 

Article  258.  If,  within  the  fire  limits  of  this  city,  any  person  shall 
build,  repair,  alter,  change  or  move  from  one  place  to  another,  any 
frame  building  or  buildings,  the  outer  walls  of  which  are  constructed  in 
whole  or  in  part  of  wood ;  or  repair  the  roof  of  any  such  frame  building ; 
or  repair  or  rebuild  any  frame  building  after  damage  by  fire;  or  alter 
or  repair  or  rebuild  any  awning,  gallery,  shed,  or  porch  now  in  front 
of  any  frame  building;  or  build  any  new  awning,  shed,  gallery  or  porch 
to  any  frame  building,  he  shall  be  fined  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Article  259.  It  shall  not  be  lawful,  within  the  fire  limits  of  this 
city,  for  any  person  or  firm  to  arrange,  locate,  keep  or  establish  any  lum- 
ber or  wood  yard,  or.  place  for  the  purpose  of  carrying  on  lumber  dealing, 
or  for  the  storage  and  sale  of  cord  wood;  provided,  that  all  lumber  or 
wood  yards,  or  places  for  storing  lumber  or  wood,  within  said  fire  limits, 
from  and  after  the  passage  of  this  ordinance,  shall  be,  and  the  same 
are  hereby  declared  unlawful,  and  shall  be  abated  or  removed  before  the 
expiration  of  six  (6)  months  from  the  date  of  the  passage  of  this  ordi- 
nance. 

Article  260.  It  shall  not  be  lawful  to  grant  any  right  or  privilege  in 
violation  of  any  of  the  ordinances  governing  the  fire  limits  of  the  city, 
except  upon  petition,  which  petition  shall,  before  being  acted  upon  by  the 
City  Council,  first  have  been  unanimously  indorsed  by  the  fire  commis- 
sioners at  a  regular  meeting,  and  shall  then  be  read  and  approved  by  a 
two-thirds  vote  of  the  City  Council  at  two  separate  and  distinct  meet- 
ings of  the  Council. 

Article  261.  If  any  person  shall  violate  any  of  the  provisions  of 
Articles  255,  256,  259,  or  260,  relating  to  the  fire  limits  of  this  city, 
he  shall  be  fined  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  262.  Each  day  on  which  any  of  the  ordinances  regulating 
the  fire  limits  are  violated,  shall  be  a  separate  offense,  and  the  builder, 
contractor,  carpenter  or  other  person  erecting,  moving,  building,  en- 
larging or  repairing  any  such  building,  and  the  person  owning  or  con- 
trolling the  same,  shall  each  and  all  be  deemed  guilty  of  a  misdemeanor, 
and  may  be  proceeded  against  jointly  or  severally  by  the  city;  and  each 


Kevised  Ordinances  of  the  City  of  Austin.  71 

day  that  any  such  building  remains  so  erected,  builded,  moved  or  en- 
larged shall  constitute  a  separate  and  distinct  offense;  and  the  City  Mar- 
shal, after  a  judgment  of  conviction  in  any  such  case  had  in  the  Cor- 
poration Court  may  proceed  to  take  away,  remove,  raze  or  destroy  any 
such  building-  or  repairing,  calling  to  his  aid  any  such  assistance  as  may 
be  necessary,  and  all  costs  attending  the  same  shall  be  taxed  against  the 
defendant  in  the  suit  wherein  judgment  has  been  obtained,  and  be  col- 
lected as  are  other  costs. 

CHAPTER  III. 

CHIMNEYS,  FLUES,  FIREWORKS,  ETC. 

Article  263.  It  shall  not  be  lawful,  within  the  corporate  limits  of 
this  city,  to  erect  any  stove  or  FVanklin,  unless  the  pipe  thereof  be  con- 
ducted into  a  flue  or  chimney  made  of  brick  or  stone.  The  walls  of  such 
flue  or  chimney  shall  not  be  less  than  four  (4)  inches  in  thickness,  and 
shall  be  plastered  inside  and  outside  where  passing  through  woodwork; 
nor  shall  any  naked  pipe  be  allowed  to  pass  through  the  floor  or  ceiling 
of  any  building;  and  in  every  wooden  wall,  partition,  floor  and  ceiling 
through  which  a  pipe  is  to  pass,  there  shall  be  placed  a  stone  or  earthen 
crock,  or  double  tin  or  galvanized  iron  cylinder,  through  which  the 
said  pipe  shall  extend,  and  between  such  crock  or  cylinder  and  such  pipe 
there  shall  be  a  sp'ace  of  at  least  one  (1)  inch,  and  the  pipe  shall  be  at 
least  four  (4)  inches  from  the  wall,  partition  or  any  woodwork.  No  flue 
shall  be  constructed  within  the  limits  of  the  city,  unless  of  brick  or  stone, 
and  not  less  than  four  (4)  inches  in  thickness,  and  with  a  solid  masonry 
foundation,  on  which  such  flue  shall  rest;  and  it  shall  be  the  duty  of  any 
owner,  mechanic,  or  other  person  constructing  a  flue  or  chimney  within 
the  limits  of  the  city  to  give  notice  in  writing  at  the  Mayor's  office  of 
the  time  when  said  work  shall  be  in  process  of  construction,  and  stating 
the  number  of  lot  and  block  in  which  same  is  to  be  erected. 

Article  264.  It  shall  not  be  lawful  within  the  corporate  limits  of  this 
city  to  erect,  build,  construct  or  keep  any  chimney,  hearth,  oven,  boiler, 
stove,  range,  smokehouse,  kettle  or  other  apparatus,  in  such  a  manner  as 
to  be  dangerous,  or  calculated  to  promote  flres ;  or  to  set  up,  or  use,  or 
cause  to  be  set  up  or  used,  any  stove,  furnace  or  range,  any  part  of  which 
shall  be  within  two  feet  of  any  woodwork  or  other  combustible  material, 
unless  said  wood,  or  other  combustible  material,  be  so  covered  with  a 
metallic  covering  as  to  be  secured  from  danger  by  fire;  or  shall  set  up 
or  use,  or  cause  to  be  set  up  or  used,  any  stove,  furnace  or  range,  unless 
the  same  be  placed  upon  a  platform  of  brick,  sheet-iron  or  other  incom- 
bustible material,  extending  at  least  six  (6)  inches  in  all  directions 
beyond  any  part  of  the  same  from  which  fire  may  be  taken  out. 


72  Revised  Ordinances  of  the  City  of  Austin. 

Article  265.  It  shall  not  be  lawful,  within  the  corporate  limits  of 
this  city,  for  any  person  or  firm  to  allow  the  flues  or  chimneys  of  any 
building  owned,  occupied  or  controlled  by  him,  her  or  them  to  become 
unclean,  so  as  to  be  liable  to  cause  fire,  or  to  set  fire  to,  or  cause  or  allowed 
to  be  set  fire  to,  or  burn  out,  any  flue  or  chimney  on  premises  owned  or 
controlled  by  him,  her  or  them,  except  in  the  daytime  and  when  rain  is 
falling. 

Article  266.  It  shall  not  be  lawful  for  any  building  within  the 
corporate  limits  of  this  city  to  have  any  hatch,  stairway  opening,  elevator 
opening,  wellhole  or  manhole  on  any  floor  in  said  building,  unless  such 
hatch,  stairway  opening,  elevator  opening,  wellhole  or  manhole  shall 
have  a  close  fitting  hatch  cover,  or  a  fixed  railing  at  least  three  (3)  feet 
high,  to  protect  firemen  and  other  persons  from  falling  through  in  the 
dark. 

Article  267.  It  shall  not  be  lawful,  within  the  corporate  limits  of 
this  city,  to  discharge,  fire  or  set  off  any  pyrotechnic  exhibition,  rocket, 
blue  light,  squib,  cracker  or  other  fireworks  whatever,  unless  authorized 
by  the  Mayor  so  to  do. 

Article  268.  It  shall  not  be  lawful  for  any  person  or  persons  to  carry 
on  in  this  city  any  manufactory,  or  to  exercise  any  business  or  profession, 
which  is  liable  to  cause  fire. 

Article  269.  It  shall  not  be  lawful  to  keep  on  hand  within  the 
corporate  limits  of  this  city,  for  sale  or  otherwise,  in  any  house,  store, 
shop,  or  other  building,  more  than  twenty-five  pounds  of  gun  or  blasting 
powder,  unless  in  a  fire  proof  magazine  such  as  may  be  authorized  by  a 
resolution  of  the  City  Council ;  and  it  shall  not  be  lawful  to  keep  on  hand 
for  sale  or  otherwise  more  than  two  hundred  and  fifty  gallons  of  kerosene 
oil  or  other  oil  or  compound  which  is  explosive,  except  in  a  fire  proof 
magazine  authorized  by  resolution  of  the  City  Council ;  and  it  shall  not  be 
lawful  to  keep  on  hand  in  any  one  place  for  sale  or  otherwise  more  than 
one  hundred  gallons  of  turpentine,  oil  of  vitriol,  aquafortis,  or  other 
liquid  of  a  combustible  nature,  unless  in  a  fire  proof  magazine  authorized 
by  the  City  Council. 

Article  270.  It  shall  not  be  lawful,  within  the  corporate  limits  of 
this  city,  to  burn  any  shavings  or  other  combustible  matter,  or  light  or 
make,  or  cause  to  be  lighted  or  made,  any  fire  in  any  street,  alley,  square, 
thoroughfare,  public  or  private  place,  outside  of  any  building;  or  to 
build,  light  or  make  any  fire,  deposit  any  ashes  or  hot  embers,  or  do 
anything  on  any  premises  liable  to  cause  fire  in  the  surrounding  build- 
ings, or  cause  or  authorize  the  same  to  be  done;  or  to  carry,  or  cause  to 
be  carried,  in  any  public-  place  any  fire,  burning  coals  or  brand,  unless 
the  same  be  shut  up  in  a  covered  vessel ;  or  to  carry,  or  cause  to  be  car- 
ried, in  any  place  containing  hay,  straw,  shavings  or  other  combustible 


Eevised  Ordinai»ces  of  the  City  of  Austin.  73 

material,  any  lighted  candle  or  brand,  unless  the  same  be  securely  en- 
closed against  all  accidents. 

Article  271.  It  shall  not  be  lawful  for  any  person  in  this  city  to 
carry  or  cause  to  be  carried  in  any  street,  alley,  or  other  public  place,  any 
burning  coals  or  brands,  unless  the  same  be  shut  up  in  a  covered  vessel; 
nor  to  build  or  make,  or  cause  to  be  built  or  made,  in  any  premises,  pub- 
lic or  private,  any  fire  of  wood,  coal  or  other  combustible  material. 

Article  272.  The  Mayor  or  City  Marshal  shall  have  power  to  require 
all  persons  to  correct,  remove  or  abate  anything  or  state  of  things  done, 
caused  or  permitted  by  them,  which  would  be  liable  to  cause  fire;  and 
may  enter  any  premises  to  inspect  the  same  and  to  ascertain  if  an^^thing 
therein  be  liable  to  cause  fire;  and  if  any  person  or  persons  shall  fail  or 
refuse  to  allow  such  inspection,  or  to  correct,  remove  or  abate  the  thing 
or  state  of  things  liable  to  cause  fire,  when  so  required,  the  City  Mar- 
shal may  cause  the  correction,  removal  or  abatement  thereof,  calling  such 
assistance  as  may  be  necessary ;  and  all  costs  attending  such  action  shall 
be  taxed  against  the  party  so  failing  or  refusing,  and  collected  as  other 
costs. 

Article  273.  If  any  person  or  firm  shall  violate  any  of  the  provi- 
sions of  this  chapter  (Arts.  263  to  273,  inclusive),  relative  to  fire  regu- 
lations, he  shall  be  fined  not  less  than  five  nor  more  than  one  hundred 
dollars;  and  each  day  in  which  any  of  the  provisions  of  the  ordinances 
of  the  city  relating  to  fire  regulations  are  violated,  shall  constitute  a  sep- 
arate and  distinct  offense;  and  the  owner,  agent  or  person  controlling, 
as  well  as  the  occupant  of  any  building  or  premises  on  which  any  of 
the  provisions  of  the  ordinances  pertaining  to  fire  regulations  are  violated, 
may  be  proceeded  against  by  the  city  either  jointly  or  severally. 

CHAPTER  IV. 

theaters  or  places  of  public  amusement. 

Article  274.  It  is  hereby  required  of  the  owners  of  buildings  used  or 
offered  for  use  in  whole  or  in  part  as  theaters  or  places  of  public  amuse- 
ment or  entertainment  of  any  kind : 

(a)  That  all  doors  af  the  audience  part  of  such  buildings  or  of  such 
parts  of  such  buildings  be  constructed  so  as  to  open  to  the  outside  of  the 
building  or  part  of  the  building  used  or  offered  for  use  for  such  pur- 
pose. 

(b)  That  for  each  2500  square  feet,  and  for  every  fraction  thereof, 
of  each  floor  used  for  seating  people  one  door  or  one  exit  of  not  less  than 
five  feet  in  width  or  two  or  more  doors  or  exits  of  not  less  than  thirty- 
four  inches  in  width  be  provided. 

(c)  That  such  buildings  or  parts  of  buildings,  if  the  ground  floor 


74  Eevised  Ordinances  of  the  Oity  of  Austin. 

audience  part  thereof  borders  on  streets  or  alleys  of  the  City  of  Austin, 
or  area  ways  under  the  control  of  the  owner  of  such  building,  and  if  such 
audience  part  has  floor  space  of  exceeding  2500  square  feet  shall  be  pro- 
vided with  at  least  one  door  on  each  side  of  such  audience  part,  bordering 
no  such  streets,  alleys  or  such  area  ways,  one  door  on  each  such  side  to  be 
at  least  three  feet  in  width,  and  additional  doors  may  be  not  less  than 
thirty  inches  in  width. 

(d)  That  if  such  buildings  or  parts  of  buildings  are  more  than  one 
story  in  height  and  the  upper  stories  are  open  to  the  public,  each  story 
above  the  first,  for  each  2500  square  feet  and  part  thereof  of  audience 
room,  be  provided  with  one  staircase  of  not  less  than  three  feet  in  width 
leading  into  the  lower  story,  or,  in  lieu  thereof,  with  two  or  more  stair- 
cases of  not  less  than  thirty  inches  in  width  each  leading  into  the  lower 
story. 

(e)  That  each  such  building  or  part  of  building  fronting  on  a  street, 
alley  or  area  way,  such  area  way  being  under  the  control  of  the  owner 
of  the  building,  shall,  if  the  public  is  admitted  to  a  floor  or  floors  above 
the  first  or  ground  floor,  be  provided  for  connection  of  all  such  upper 
floors  with  the  street,  alley  or  such  area  way  with  at  least  one  metallic 
fire  escape,  which  may  be  a  stair  fire  escape  or  a  Kirker-Bender  escape  or 
similar  automatic  device,  and  which  must  be  on  the  outside  wall  and 
attached  thereto,  and  which  must  be  provided,  if  it  is  a  stair  fire  escape, 
with  platforms  at  an  exit  from  each  upper  story  connecting  with  such 
fire  escape;  such  stair  fire  escape  to  be  not  less  than  two  feet  in  width  if 
it  connects  with  one  story,  and  not  less  than  three  feet  if  it  connects  with 
more  than  one  story. 

(f)  That  all  such  buildings  or  parts  of  buildings,  which  are  pro- 
vided with  a  stage  distinctly  separate  from  the  audience  part,  shall,  if 
any  inflammable  material  is  contained  on  such  stage,  be  provided  with 
what  is  commercially  known  as  an  '^asbestos  curtain,"  which,  when  low- 
ered, shall  cover  the  proscenium  or  main  opening  between  the  audience 
and  such  stage. 

(g)  That  the  stage  part  of  such  buildings  or  parts  of  buildings  used 
by  performers,  if  such  stage  be  distinctly  separate  from  the  audience 
part,  may  be  connected  with  exits  through  the  audience  part,  but  must 
also  have  independent  exits,  and  must  be  provided  with  one  or  more 
doors,  sliding  or  otherwise,  the  aggregate  door  space  for  each  2000 
square  feet  of  stage  floor  and  fraction  thereof  to  be  not  less  than  three 
feet  in  width,  and  at  least  one  of  such  doors  to  lead  to  the  outside  of  such 
building,  and  if  such  stage  part  of  such  building  is  situated  on  a  floor 
above  the  ground  floor^  at  least  one  exit  is  required  to  communicate  di- 
rectly with  a  metallic  flre  escape  of  the  character  as  in  this  ordinance 


Eevised  Ordinances  of  the  City  of  Austin.  7^ 

described,  and  if  such  fire  escape  be  a  stair  fire  escape,  same  must  be  not 
less  than  two  feet  in  width. 

(h)  That  one  fire  hydrant  with  openings  of  at  least  one  and  one-half 
inches  be  placed  on  each  side  of  each  floor  of  the  audience  part  of  such 
building  or  part  of  building,  and  also  on  the  stage  part,  and  that  such 
hydrants  be  connected  with  the  necessary  piping  (not  less  than  one  and 
one-half  inches)  inside  and  outside  the  building;  provided,  however,  that 
such  hydrant  or  hydrants  are  not  required  in  buildings  where  the  total 
audience  part  is  less  than  2500  square  feet,  if  a  city  fire  hydrant  be  lo- 
cated less  than  100  feet  from  such  building. 

(i)  That  the  appliances  described  in  the  subdivisions  (a)  to  (h) 
of  this  article  be  placed  in  a  state  of  repair  so  as  to  render  thjem  safe, 
whenever  the  certificate  of  the  inspectors  as  provided  for  by  Article  276 
discloses  thai  they  are  not  in  a  safe  condition. 

Article  275.  The  word  owner  as  used  in  the  foregoing  article  is  to  be 
construed  as  meaning  the  owner  or  owners  in  fee  simple  or  of  a  life  or 
lesser  estate  of  such  building,  and  includes  guardians,  administrators  and 
executors  and  trustees  of  the  legal  title  for  the  benefit  of  others,  and 
may  mean  the  duly  authorized  agent  of  such  owner  if  such  owner  be  not 
a  resident  of  the  City  of  Austin,  but  the  term  owner  does  not  include 
trustees  under  a  deed  of  trust  in  the  nature  of  a  mortgage. 

Article  276.  None  of  the  buildings  above  described  or  parts  thereof 
shall  be  used  for  public  gatherings  or  performances  until  they  have  been 
inspected  by  the  Mayor  and  the  Chief  or  Acting  Chief  of  the  Fire  De- 
partment of  the  City  of  Austin  and  a  certificate  of  compliance  with  Arti- 
cle 274  of  this  ordinance,  and  of  the  safe  condition  of  the  appliances  by 
said  article  required  has  been  issued  by  them  to  the  owner.  Said 
officers,  jointly,  are  hereby  charged  with  the  duty  to  inspect  the  buildings 
and  the  parts  of  buildings  of  the  above  mentioned  character  within 
thirty  days  after  this  ordinance  has  gone  into  effect,  and  to. Inspect  same 
annually  thereafter  during  the  month  of  December.  Such  inspection 
is  to  be  made  by  them  for  the  purpose  of  ascertaining  whether  or  not 
the  requirements  of  Article  274  have  been  complied  with  by  the  owner  of 
such  buildings  or  parts  of  buildings,  and  for  the  purpose  of  ascertaining 
whether  or  not  the  appliances  mentioned  in  Article  274  are  in  a  safe  con- 
dition. Said  officers  are  required  to  give  a  certificate  of  inspection  to 
the  owner  of  such  building  immediately  after  such  inspection  has  been 
made.  If  such  certificate  is  to  the  effect  that  the  requirements  of  Article 
274  of  this  ordinance  have  been  complied  with,  and  that  the  appliances 
required  by  said  article  are  in  safe  condition,  then  such  certificate  shall 
be  and  is  hereby  made  conclusive  evidence  of  the  compliance  on  part  of 
the  owner  with  the  foregoing  requirements  for  a  period  of  twelve  months 
from  the  date  of  such  certificate  and  until  the  next  inspection  in  Decem- 


76  Revised  Ordinaxces  of  the  City  of  Austix. 

ber  of  the  year  following  has  been  made,  and  siich  owner  holding  such 
certificate  is  for  the  period  of  twelve  months  after  the  date  of  such  cer- 
tificate, and  until  the  next  inspection  in  December  of  the  year  following 
such  inspection,  relieved  from  any  and  all  liability  under  this  ordinance. 

Article  277.  No  such  buildings  or  parts  of  buildings  shall  be  open 
to  the  public  unless  the  foregoing  requirements  have  been  complied  with 
and  a  certificate  to  that  effect  and  to  the  effect  that  the  appliances  are  in 
safe  condition  has  been  obtained  as  above  provided. 

Article  278.  Any  owner  of  such  building  or  part  of  building  who 
shall  fail  to  comply  with -the  foregoing  sections  6f  this  ordinance,  or  fail 
to  obtain  a  certificate  as  herein  provided  showing  compliance  and  safe 
condition,  shall  be  held  to  have  violated  this  Ordinance  if  the  public  is 
admitted  to  such  building  or  part  of  building  while  such  delinquency 
continues,  and  each  day  on  which  the  public  is  so  admitted  in  violation  of 
this  ordinance  shall  constitute  a  separate  offense,  and  such  owner  shall, 
on  conviction,  be  fined  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars  for  each  offense. 

Article  279.  Any  person  who  trespasses  on  any  such  building  or 
parts  of  building  or  staircases,  fire  escapes,  doors  or  exits  or  other  appli- 
ances thereof  in  this  ordinance  provided  for,  and  any  person  not  duly 
authorized  who  in  any  way  obstructs  or  destroys  same  or  any  part  of 
them,  or  interferes  with  them  or  any  of  them,  shall  be  deemed  guilty  of 
a  breach  of  this  ordinance,  and  on  conviction  shall  be  fined  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars. 

Article  280.  The  persons  in  actual  possession,  as  lessees,  managers, 
or  otherwise,  of  any  such  buildings  or  parts  of  buildings  as  above  de- 
scribed, not,  however,  the  owners,  if  they  have  leased  to  tenants  such 
buildings  or  parts  thereof,  are  hereby  required : 

(a)  To  provide  over  each  exit  of  such  building  or  part  of  building 
red  colored  lights,  not  oil  lamps,  nor  gas  or  electric  lights  unless  sup- 
plied by  pipes  or  wires  independent  from  those  providing  the  general 
light  for  such  building  or  part  of  building,  and  such  lights  are  to  be 
kept  lighted  while  the  public  is  in  such  building  or  parts  of  building. 

(b)  To  station  persons  familiar  with  the  modes  of  exit,  at  each  such 
exit  during  each  performance  and  until  the  public  has  left  such  building 
or  such  part  of  building;  and  at  all  such  times  some  person  is  also 
required  to  be  stationed  at  the  asbestos  curtain,  if  any  be  required  in 
said  building  under  this  ordinance,  such  person  to  be  familiar  with  the 
handling  of  such  curtain. 

(c)  To  provide  for  each  2500  square  feet  or  fraction  thereof  of 
audience  room  of  each  floor  four  chemical  liand  grenades  to  be  placed 
conveniently  accessible  for  ready  use,  at  opposite  sides  of  each  floor; 
provided  there  shall  not  be  less  than  six  on  each  floor,  and  to  provide 


,       Eevised  Ordinances  of  the  City  of  Austin,  77 

at  least  four  of  such  grenades  for  each  stage,  to  be  kept  at  opposite 
sides  of  the  stage,  conveniently  accessible  for  ready  use. 

(d)  To  provide  water  from  the  water  works  mains  for  the  fire  hy- 
drant or  hydrants  if  any  are  by  this  ordinance  required  in  such  building 
or  part  of  building,  and  to  provide  at  least  twenty-five  feet  of  one  and  one- 
half-inch  fire  hose  and  suitable  nozzle  for  each  hydrant,  which  together 
with  the  key  to  each  hydrant  must  be  kept  near  the  hydrant  conveniently 
accessible  for  ready  use. 

(e)  To  keep  all  doors  of  exit  in  perfect  working  order  at  all  times 
and  to  keep  all  fire  escapes  and  staircases  free  from  all  obstruction  and 
for  immediate  use  in  case  of  need. 

(f)  To  provide  an  aisle  of  not  less  than  two  and  one-half  feet  in 
width  leading  from  the  audience  part  of  the  building  to  an  exit  for  each 
2500  square  feet  of  audience  room  or  fraction  thereof. 

(g)  To  keep  each  and  every  aisle  free  from  all  obstruction  during 
each  performance  or  gathering  to  which  the  public  is  admitted,  and  also 
to  keep  the  public  from  standing  in  or  being  seated  in  any  of  such  aisles 
at  such  times.  No  temporary  seat  or  other  obstruction  shall  be  allowed  in 
an)^  passage  or  aisle,  exit  or  entrance  of  said  theater  or  public  place  of 
amusement. 

Article  281.  The  City  Attorney,  the  Chief  of  the  Austin  Fire  De- 
partment and  the  City  Marshal  of  the  City  of  Austin  are  hereby  author- 
ized to  enter  all  places  above  described  when  the  public  is  admitted,  for 
the  purpose  of  determining  whether  or  not  the  requirements  of  Article 
280  are  fully  complied  with  and  are  being  carried  out,  and  the  City 
Marshal  is  hereby  required  to  enforce  compliance  with  said  Article  280, 
and  to  close  performances  or  entertainments  and  to  prohibit  perform- 
ances and  entertainments  until  such  requirements  are  fully  complied  with 
and  carried  out,  and  to  institute  prosecutions  for  all  infractions  of  said 
Article  280  as  well  as  Article  282. 

Article  282.  Any  person  of  the  audience  or  any  other  person  who  ob- 
structs the  carrying  out  of  Article  280  in  any  of  its  provisions  is  to  be 
considered  guilty  of  the  violation  of  said  Article  280,  and  shall  be  fined, 
on  conviction,  in  the  same  manner  as  the  violators  of  said  article,  who  are 
by  said  article  charged  with  carrying  out  the  provisions  thereof. 

Article  283.  Any  person  violating  the  provisions  of  Articles  280 
and  282  shall,  upon  conviction,  be  fined  not  less  than  twenty-five  nor 
more  than  one  hundred  dollars. 

Article  284.  This  chapter  shall  not  apply  to  any  buildings  or  parts 
of  buildings  owned  by  the  United  States,  the  State  of  Texas  or  the 
County  of  Travis. 


78  Eevised  Ordinances  of  the  City  of  Austin.       • 

CHAPTER  V. 

PETROLEUM,  CRUDE REGULATING  USE  OF, 

Article  285.  The  use  of  crude  petroleum  and  manufactured  fuel  oil 
for  generating  steam  in  the  City  of  Austin  shall  hereafter  be  subject  to 
the  following  regulations,  towit: 

(a)  All  tanks  for  storage  supply  shall  be  constructed  of  ^  inch  or 
heavier  boiler  or  tank  iron,  Xo.  16  galvanized  iron  or  steel;  corrugated 
may  be  used  in  horizontal  tanks  only,  but  shall  be  placed  under  ground 
in  all  cases. 

(bl)  No  tank  shall  be  filled  in  excess  of  98  per  cent  of  its  total  ca- 
pacity and  the  filling  pipe  shall  be  kept  perfectly  sealed  except  when 
used  in  filling. 

(b2)  All  tanks  shall  have  gas-tight  manheads  at  top;  and  overflow 
pipes  from  pumps,  standpipes  or  accumulators  to  storage  tanks  shall 
have  a  capacity  one  and  one-half  times  the  inside  diameter  of  oil  pump 
section  pipes. 

(b3)  Indicators,  two-inch  pipe,  shall  be  screwed  into  angle,  riveted 
on  manheads  and  extending  down  inside  tanks  to  point  two  inches  from 
bottom;  gauge  poles  to  stand  inside  pipes. 

(b4)  Suction  pump  shall  be  at  least  four  inches  above  bottom  of 
tank. 

(b5)  Two-inch  vent  pipes  covered  at  top  with  copper  gauge  shall 
extend  two  feet  above  tanks  and  if  tank  is  within -fifty  feet  of  any 
building  such  vent  pipe  shall  extend  six  feet  above  the  roof  thereof, 
provided  that  in  such  cases  vent  pipes  may  be  laid  under  ground  from 
tank  to  building  and  run  up  outside  wall. 

(b6)  The  steam  pipes  not  less  than  one  inch  in  diameter  shall  con- 
nect boilers  with  top  of  storage  tanks. 

(c)  Where  tanks  are  wholly  or  in  part  above  ground  they  shall  be 
located  at  least  one  hundred  feet  from  any  building,  platform,  shed 
or  lumber  pile,  and  shall  be  enclosed  by  substantial  brick  walls  or  earth 
embankments  forming  reservoirs  of  sufficient  capacity  to  hold  double  the 
contents  of  said  tanks;  and  syphons  shall  be  provided  and  so  arranged 
as  to  carry  off  all  seepage  or  leakage  in  reservoirs  and  discharge  same 
outside  where  its  burning  would  not  endanger  exposed  property. 

(d)  All  tanks  for  the  use  of  crude  petroleum  which  are  not  wholly 
under  ground  shall  be  located  at  least  ten  feet  (and  in  case  of  manu- 
factured fuel  oil,  five  feet)  from  any  building,  and  tops  of  such  tanks 
shall  be  buried  four  feet  (and  in  case  of  manufactured  fuel  oil,  two  feet) 
below  surface  of  ground.  ' 

(e)  In  every  case  tank  shall  be  so  placed  that  highest  point  in  oil 


Eevised  Ordinances  of  the  City  of  Austin.  79 

supply  shall  be  two  feet  lower  than  furnace  where  oil  is  to  be  burned 
or  converted  for  burning. 

(f)  The  conveying  of  oil  to  furnace  shall  be  by  artificial  pressure 
or  suction,  whether  by  pump,  vacuum,  or  other  means  that  will  accom- 
plish the  purpose.  This  expressly  prohibits  the  feeding  of  oil  by  gravity 
pressure  or  by  other  means  from  a  storage  supply  higher  than  the  furnace, 
provided  (a)  that  oil  may  be  fed  to  burners  at  furnace  under  a  maximum 
pressure  of  ten  pounds  to  the  square  inch  from  an  iron  standpipe,  having 
a  maximum  capacity  of  ten  gallons  in  case  of  crude  petroleum  (and 
twenty  gallons  in  case  ctf  manufactured  fuel  oil)  located  outside  all 
buildings  and  supplied  from  storage  tanks  by  pump  while  oil  is  being 
conveyed  to  furnace,  standpipe  shall  be  securely  anchored  to  foundation 
and  shall  have  an  overflow  pipe  (with  capacity  1^  times  the  inside  diam- 
eter of  oil  pump  suction  pipe)  to  storage  tank,  and  shut-off  cock  where 
supply  pipe  leaves  standpipe  for  burners;  (b)  provided  further,  that 
oil  may  be  fed  to  burners  at  furnace  from  an  iron  accumulator  or  air 
chamber,  having  a  maximum  capacity  of  ten  gallons  in  case  of  crude 
petroleum  (and  twenty  gallons  in  case  of  manufactured  fuel  oil)  lo- 
cated outside  all  buildings  and  supplied  from  storage  tank  by  pump 
while  oil  is  being  conveyed  to  furnace.  The  accumulator  shall  be  se- 
curely anchored  to  foundation  and  shall  have  a  relief  valve  and  overflow 
pipe  (with  capacity  1^  times  the  inside  diameter  of  oil  pump  suction 
pipe)  to  storage  tank  and  shut-off  cock  where  supply  pipe  leaves  accumu- 
lator for  burners. 

Article  286.  All  tanks,  reservoirs,  standpipes,  accumulators  and 
other  appliances  shall  be  located  and  erected  under  the  supervision  of  the 
City  Engineer  and  Fire  Commissioners;  provided,  that  no  tank,  reser- 
voir, standpipe,  accumulator  or  other  appliances  shall  be  erected  in  any 
street  or  alley  of  the  City  of  Austin,  unless  same  is  placed  wholly  un- 
derground. 

Article  287.  It  shall  be  a  misdemeanor  for  any  person  or  persons  to 
violate  any  of  the  provisions  of  the  two  preceding  articles,  and  any  per- 
son or  persons  so  violating  same  shall,  on  conviction  thereof,  be  fined 
not  less  than  twenty-five  nor  more  than  one  hundred  dollars  for  each 
offense. 


SQ  Revised  Ordinances  of,  the  City  of  Austin, 


TITLE   XIY, 


FISH. 


CHAPTER  I. 

CATCH  OF  regulated. 

Article  288.  It  shall  no  be  lawful  for  any  person  or  persons  to 
throw,  drag  or  haul  any  fish  net,  seine  or  other  contrivance  for  the 
purpose  of  catching  fish  in  the  Colorado  River  within  the  corporate 
limits  of  the  city;  provided,  this  section  shall  not  be  so  construed  as  to 
prevent  fishing  with  the  ordinary  pole,  line  and  hook,  or  set  line  with 
not  more  than  three  hooks  attached  thereto,  or  to  catch  fish  by  hand  or 
with  a  small  minnow  net  for  minnows  only;  and  provided  further,  that 
it  shall  be  lawful  to  fish  with  the  trot  line  above  the  dam  constructed 
across  the  Colorado  River  by  the  Cit}-  of  Austin,  and  at  any  point  moi;e 
than  two  hundred  yards  below  the  foot  of  said  dam. 

Article  289.  That  any  person  or  persons  who  shall  violate  any  of  the 
provisions  of  the  preceding  article  shall  be  deemed  guilty  of  a  misde- 
meanor and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
five  nor  more  than  one  hundred  dollars  for  each  and  every  offense. 


Eevised  Ordinances  of  the  City  of  Austin.  81 


TITLE  XV. 


GAMING. 

CHAPTEE  I. 
^prohibiting. 

Article  290.  If  any  person  in  this  city  shall  play  at  any  game  with 
cards,  at  any  house  for  retailing  spirituous  liquors,  storehouse,  tavern, 
inn,  or  any  other  public  house;  or  in  any  street,  highway,  or  other 
public  place,  or  in  any  outhouse  where  people  resort,  he  shall  on  con- 
viction be  fined  not  less  than  ten  nor  more  than  one  hundred  dollars. 

Article  291.  All  houses  commonly  known  as  public,  and  all  gaming 
houses  are  included  within  the  meaning  of  the  preceding  article.  Any 
room  attached  to  such  public  house  and  commonly  used  for  gaming  is 
also  included,  whether  the  same  be  kept  closed  or  open.  A  private  room 
of  an  inn  or  tavern  is  not  within  the  meaning  of  public  places,  unless 
such  room  is  commonly  used  for  gaming;  nor  is  a  private  business 
office  or  a  private  residence  to  be  construed  as  within  the  meaning  of 
a  public  house  or  place;  provided,  said  private  residence  shall  not  be 
used  as  a  house  for  retailing  spirituous  liquors. 

Article  292.  In  prosecutions  under  the  two  preceding  articles,  it 
shall  not  be  necessary  for  the  city  to  prove  that  any  money  or  articles 
of  value,  or  the  representative  of  either  was  bet  at  such  game.  The 
offense  is  complete  without  such  proof. 

Article  293.  If  any  person  shall  bet  or  wager  at  any  gaming  table, 
or  bank,  or  pigeon-hole,  or  Jenny  Lind  table,  or  nine  or  ten-pin  alley, 
or  at  any  table,  bank  or  alley  of  any  name  whatever,  or  without  a  name, 
or  shall  bet  or  wager  any  money,  or  other  thing  of  value,  at  any  game 
played  with  cards,  he  shall,  on  conviction,  be  fined  not  less  than  ten 
nor  more  than  one  hundred  dollars. 

Article  294.  The  foregoing  article  is  intended  to  include  every 
species  of  gaming  device  known  by  the  name  of  table,  or  bank  of  every 
kind  whatever,  and  any  and  all  games  which,  in  common  language  are 
said  to  be  played,  dealt,  kept,  or  exhibited. 

Article  295.  If  any  person  shall  permit  any  game  prohibited  by 
the  provisions  of  this  chapter  to  be  played  in  his  house,  or  a  house  under 
his  control,  or  upon  his  premises,  or  upon  premises  under  his  control, 
the  said  house  being  a  public  place,  or  the  said  premises  being  ap- 


82  Eevised  Ordinances  of  the  City  of  x\ustin. 

purtenances  to  a  public  place,  he  shall,  an  conviction,  be  fined  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars. 

Article  296.  If  any  person  shall  rent  to  another  a  room  or  house 
for  the  purpose  of  being  used  as  a  place  for  playing,  dealing  or  exhibiting 
any  of  the  games  prohibited  by  the  provisions  of  this  chapter  on  the 
subject  of  gaming,  he  shall,  on  conviction,  be  fined  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars. 

Article  297.  The  Eecorder,  or  City  Attorney,  may  subpoena  per- 
sons and  compel  their  attendance  as  witnesses  to  testify  as  to  violations 
of  any  of  the  provisions  of  this  chapter.  Any  person  so  summoned  and 
examined  shall  not  be  liable  to  prosecution  for  any  violation  of  said 
chapter  about  which  he  may  testify,  and  for  any  offense  enumerated  or 
defined  in  this  chapter,  a  conviction  may  be  had  upon  the  unsupported 
evidence  of  an  accomplice  or  participant. 


Rkvised  Ordinances  of  the  City  of  Austin.  83 


TITLE  XVI. 


GAS  AND  LIGHTING. 


CHAPTEE  I. 

generating. 

Article  298.  The  lighting  and  illumination  of  the  city  shall  be  done 
in  such  manner  and  on  such  terms  and  conditions  as  the  City  Council 
may,  by  ordinance,  from  time  to  time  prescribe. 

Article  299.  Whenever,  in  the  construction  of  any  gas  works,  or 
the  laying  of  pipe  or  other  apparatus  for  any  gas  works,  it  shall  be 
necessary  to  have  any  earth  or  other  substance  removed,  or  any  part  of 
any  pavement,  street  or  alloy,  block  or  lot  taken  up,  the  same  shall  be 
done  by  the  person,  firm  or  company  constructing  the  same,  under  the 
supervision  of  the  City  Engineer  and  the  Street  Committee;  and  dur- 
ing such  removal  or  taking  up,  any  hole  or  excavation  made  therefor 
shall  be  securely  fenced  or  protected,  so  as  to  provide  against  all  danger 
to  persons  or  animals;  and  as  soon  as  completed  said  street,  pavement 
or  other  place  shall  be  replaced  in  as  good  condition  as  before  removed 
or  taken  up. 

Article  300.  Any  gas  company  shall  have  the  right  to  enter  any 
premises  where  gas  is  supplied  by  them,  at  reasonable  times,  to  repair 
or  refit  any  part  of  the  apparatus  therein,  and  the  right  to  shut  off  the 
supply  of  gas  from  any  premises  where  the  same  has  not  been  paid  for 
within  three  days  after  the  presentation  of  their  account  therefor; 
and  to  shut  off  the  supply  of  gas  anywhere  in  the  city  whenever,  in  case 
of  accident  or  fire,  they  may  deem  it  necessary  to  prevent  danger  or 
loss  to  said  gas  works,  or  to  consumers  of  gas. 

Article  301.  Any  gas  company  in  this  city  shall  be  required  to 
put  down  pipes,  and  supply  gas  to  any  block  in  this  city  contiguous  to 
any  other  block  already  furnished  with  gas,  whenever  application  is  made 
by  responsible  owners  of  property  therein,  who  obligate  themselves  to 
take  in  the  aggregate  twenty-five  lights  and  keep  the  same  in  general 
use. 

Article  302.  It  shall  not  be  lawful  for  any  person  or  persons  to 
injure  in  any  manner,  any  pipe,  stop-cock  or  other  apparatus  pertaining 
to  any  gas  works  in  this  city,  or  to  waste  or  misuse  any  supply  of  gas 


84  Eevised  Ordinances  of  the  City  of  Austin. 

in  any  manner  other  -than  contracted  for ;  nor  shaJl  any  unauthorized 
person  turn  on  or  off  any  gas  in  any  street  lamp  or  other  gas  fixture, 
nor  injure  any  lamp  or  lamp  post,  or  hitch  or  tie  any  animal  thereto. 

Article  303.  It  shall  not  be  lawful  for  any  person  or  persons  to 
injure  in  any  manner  any  pipe,  stop-cock,  or  other  apparatus  pertaining 
to  any  gas  works  in  this  city,  or  to  waste  or  misuse  any  supply  of  gas 
in  any  manner  other  than  contracted  for;  nor  shall  any  unauthorized 
person  turn  off-  or  on  any  gas  in  any  street  lamp  or  other  gas  fixture, 
nor  injure  any  lamp  or  lamp  post,  or  hitch  or  tie  any  animal  thereto; 
and  any  person  violating  any  of  the  provisions  of  this  article  shall  be 
fined  not  less  than  five  nor  more  than  one  hundred  dollars. 


Eevised  Ordinances  of  the  City  of  Austin.  85 


TITLE  XVIT. 


HACKS  AND  OTHER  VEHICLES. 


CHAPTEE  I. 

PUBLIC    FOR    HIRE    REGULATED. 

Article  304.  It  shall  not  be  lawful  for  any  person,  firm  or  associa- 
tion of  persons  to  keep,  run  or  use,  or  to  be  in  any  manner,  directly  or 
indirectly  interested  in  keeping,  running  or  using  any  hack,  carriage, 
coach,  cab,  omnibus,  wagon,  cart,  dray  or  other  vehicle  of  any  name 
whatever,  for  the  transportation  of  persons  or  goods,  wares,  water  and 
merchandise  or  other  property  for  hire,  within  the  city  of  Austin, 
without  first  obtaining  a  license  therefor.  And  any  person,  firm  or 
association  of  persons  violating  any  of  the  provisions  of  this  article  shall 
be  deemed  guilty  of  a  misdemeanor,  and  each  and  every  day  such  per- 
son, firm  or  association  of  persons  continues  to  act  in  violation  of  this 
section  shall  constitute  a  separate  offense. 

Article  305.  Every  owner  or  driver  of  any  vehicle  licensed  as 
provided  for  in  the  preceding  article  shall  at  the  time  of  obtaining  said 
license,  be  furnished  by  the  city  with  a  special  number  license  plate,  and 
such  number  shall  be  expressed  on  his  license.  For  vehicles  kept  for 
transportation  of  persons  said  plate  shall  be  of  an  elliptical  shape; 
for  other  vehicles  drawn  by  one  animal,  of  an  octagon  shape;  when 
drawn  by  two  animals,  of  a  rectangular  shape;  when  drawn  by  more 
than  two  animals,  of  a  round  shape;  and  said  plate  shall  be  fixed  by 
the  owner  upon  some  conspicuous  part  of  the  vehicle,  where  it  can  be 
seen  at  all  times. 

Article  306.  It  shall  not  be  lawful  for  any  person  to  fix  or  paint, 
or  cause  to  be  fixed  or  painted,  or  otherwise  exhibited  upon  any  vehicle, 
any  number  other  than  the  one  furnished  by  the  City  Assessor,  or  any 
false  number,  when  his  vehicle  is  not  properly  licensed;  and  whenever 
the  number  shall  have  become  erased,  defaced  or  so  dimmed  by  time 
or  other  cause  as  that  it  can  not  be  easily  read,  the  owner  or  driver  of 
said  vehicle  shall  have  such  number  immediately  reinstated,  by  appli- 
cation to  the  City  Assessor. 

Article  307.  The  rates  of  fare  allowed  to  be  charged  by  the  owner 
or  driver  of  any  licensed  vehicle  kept,  used  or  let  for  the  conveyance 
of  passengers  or  other  persons  shall  be  as  follows: 


86  Revised  Ordinances  of  the  City  of  Austin. 

First, — For  the  conveyance  of  any  person  between  any  two  points  west 
of  East  Avenue  or  of  a  prolongation  thereof  in  its  northern  course  to 
the  northern  limits  of  the  city,  and  east  of  West  Avenue  or  a  prolonga- 
tion thereof  in  its  northerly  course  and  north  of  the  southern  limits 
of  the  city  between  the  hours  of  six  o'clock  a.  m.  and  eleven  o'clock 
p.  m.,  fifty  cents,  and  between  the  hours  of  eleven  o'clock  p.  m.  and 
six  o'clock  a.  m.  one  dollar. 

Second. — Between  points  beyond  the  limits  above  named,  from  6  a.  m. 
to  9  p.  m.,  seventy-five  cents  (75  cents),  and  from  9  p.  m.  to  6.  a.  m., 
one  dollar  and  fifty  cents  ($1.50). 

Third. — \\Tiere  such  vehicles  are  used  by  the  hour  between  the  hours 
of  6  a.  m.  and  9  p.  m.,  one  dollar  and  fifty  cents  ($1.50)  per  hour, 
and  between  the  hours  of  9  p.  m.  and  6.  a.  m.,  two  dollars  and  fifty 
cents  ($2.50)  per  hour. 

Article  308.  Owners  and  drivers  of  any  vehicle  used  for  the  trans- 
portation of  property  within  this  city  shall  be  entitled  to  receive  such 
reasonable  compensation  as  may  be  agreed  upon  by  the  parties. 

Article  309.  It  shall  not  be  lawful  for  any  owner  or  driver  of  any 
licensed  vehicle  to  ask,  receive  or  extort  from  any  person  any  amount  in. 
excess  of  the  rates  of  fare  allowed  in  the  preceding  article,  or  to  refuse, 
when  called  upon  and  otherwise  unemployed,  to  transport  any  person 
or  persons  at  said  rates ;  but  in  no  instance  shall  any  charge  be  made  for 
children  under  ten  years  of  age,  unless  there  be  more  than  two,  nor 
for  ordinary  traveling  baggage  not  exceeding  twenty-five  pounds  in 
weight. 

Article  310.  It  shall  not  be  lawful  for  any  owner,  driver  or  person 
in  charge  of  any  vehicle  whatever,  whether  licensed  or  not,  to  stop  or 
place  such  vehicle  within  ten  feet  of  any  other  vehicle,  or  within  ten 
feet  of  the  curbstones,  unless  while  actually  engaged  in  receiving  or 
discharging  passengers. 

Article  311.  It  shall  not  be  lawful  for  any  owner,  driver  or  per- 
son in  charge  of  any  vehicle  whatever,  whether  licensed  or  not,  to  stop 
or  place  such  vehicle  at  or  near  the  intersection  of  any  street,  lane, 
alley  or  other  passway,  or  on  the  crossings  of  the  same,  in  such  manner 
as  to  interrupt  or  obstruct  free  passage  therefrom  or  thereon,  or  imme- 
diately in  front  of  the  entrance  to  any  business  house. 

Article  312.  It  shall  not  be  lawful  for  any  owner,  driver  or  person 
in  charge  of  any  vehicle  whatever  in  this  city,  whether  licensed  or  not, 
to  leave  the  same,  unless  the  team  attached  thereto  be  securely  tied, 
so  as  to  leave  no  danger  of  escape;  nor  for  any  person  to  leave  any 
animal  in  this  city,  whether  attached  to  a  vehicle  or  not,  without  the 
same  being  securely  tied. 

Article  313.     It  shall  not  be  lawful  for  any  owner,  driver  or  person 


Eevised  Ordinances  of  the  City  of  Austin.  87 

in  charge  of  any  vehicle  whatever  in  this  city,  vi^hile  waiting  employ- 
ment or  being  employed,  to  snap  or  flourish  his  whip  unnecessarily,  so 
as  to  cause  inconvenience  to  another,  or  to  use  loud,  indecent  or  profane 
language,  or  to  vex  or  annoy  travelers  or  citizens. 

Article  314.  All  owners,  drivers  or  persons  in  charge  of  vehicles 
shall  observe  all  regulations  adopted  by  any  railroad  company,  person 
or  association  for  the  preservation  of  good  order  at  any  railroad  depot 
or  other  public  place,  not  inconsistent  with  the  ordinances  of  this  city. 

Article  315.  It  shall  be  the  duty  of  every  owner,  driver  or  person  in 
charge  of  any  vehicle  whatever,  or  any  person  on  horseback  in  this  city, 
when  meeting  any  vehicle  or  procession  or  person  on  horseback  to  take  the 
right  side  of  the  street,  alley,  lane  or  road,  until  they  shall  have  passed 
each  other ;  and  if  at  any  time  a  collision  or  other  accident  shall  occur,  it 
shall  be  the  duty  of  each  party  to  stop  and  render  such  assistance  as  may 
be  necessary,  and  to  give  his  name,  number  of  his  vehicle,  and  such  other 
information  relative  thereto  as  may  be  demanded  of  him  or  them. 

Article  316.  Any  person,  firm  or  association  of  persons  violating 
any  of  the  preceding  articles,  from  Article  304  to  Article  315,  inclusive, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
punished  by  fine  of  not  less  than  five  nor  more  than  one  hundred  dollars 
for  each  and  every  offense,  and  in  addition  thereto  the  court  or  jury 
trying  the  same  may  forfeit  the  license  of  the  person  so  offending. 

Article  317.  Whoever  in  this  city  shall  drive,  or  cause  to  be  driven, 
any  vehicle  used  for  the  transportation  of  passengers,  or  other  persons, 
without  having  the  rates  of  fare  allowed  by  the  City  Council  and  the 
name  of  the  owner  plainly  in  view  on  the  inside  of  said  vehicle,  or 
shall  ask,  receive  or  extort  any  fare  in  excess  of  said  rates,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
by  fine  of  not  less  than  five  nor  more  than  one  hundred  dollars  for  each 
and  every  offense. 


88  Eevised  Ordinances  of  the  City  of  Austin. 


TITLE  XVIII, 


MALICIOUS  MISCHIEF. 


CHAPTER  I. 

OFFENSES  constituting,  AND  PUNISHMENT. 

Article  318.  Whoever  in  this  city  shall  throw  or  cast  any  stone 
or  other  missile  upon,  against,  or  at  any  person,  or  at  any  property 
not  belonging  to  him,  her  or  them;  or  shall  throw  any  bullet,  stone  or 
other  missile,  from  any  rubber  shooter  or  other  contrivance  of  like  kind; 
or  shall  cut,  hack  or  deface,  remove  or  otherwise  injure  any  building, 
fence,  railing,  awning,  awning  post,  telegraph  wire  or  post,  shade  tree, 
ornament,  monument,  bulletin  board,  sign,  show  frame,  fruit  stand, 
platform,  bridge,  footbridge,  or  other  thing  not  belonging  to  or  under 
the  control  of  him,  her  or  them,  or  shall  cut,  hack  or  remove,  or  other- 
wise injure  any  ornamental  or  other  tree,  shrub  or  plant,  belonging  in 
any  public  ground,  park,  square,  street,  cemetery,  or  other  public  place; 
or  shall  deface,  remove,  or  otherwise  interfere  with  the  names  of  streets, 
numbers  of  houses_,  or  street  lamps,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  by  fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars. 

Article  319.  Whoever  shall,  in  this  city,  hang  or  expose  in  effigy 
the  image  of  any  person  whatever,  with  the  intent  to  degrade,  injure 
or  provoke  such  person,  or  shall  aid  or  abet  any  other  person  or  persons 
so  offending,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  punished  by  fine  of  not  less  than  five  nor  more  than  one  hundred 
dollars. 

Article  320.  It  shall  not  be  lawful  for  any  person  or  persons  to 
injure  in  any  manner  any  well,  water-plug  or  fountain,  or  any  part 
thereof,  or  to  throw  or  place  therein  any  article  whatever. 

Article  321.  Any  person  or  persons  violating  any  of  the  provisions 
of  the  preceding  article  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  punished  by  fine  of  not  less  than  five  nor  more 
than  one  hundred  dollars. 

Article  322.  Whoever  in  this  city  shall  interfere  with  my  public 
well,  cistern,  water-plug,  fountain  or  reservoir,  or  shall  bathe  in  am 
public  reservoir,  or  shall  in  any  manner  deface  or  injure  the  same, 
or  shall  take  or  use  water  from  the  same  without  proper  authority,  shall 


Revised  Ordinances  of  the  City  of  Austin.  89 

be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
by  fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  323.  Whoever  shall  in  this  city  mischievously  or  maliciously 
ring  any  door  bell  or  bell  pull,  or  use  any  door  knocker,  or  shall  break 
or  deface  the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  punished  by  fine  of  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Article  324.  Whoever  in  this  city  shall  post,  paint,  or  otherwise 
exhibit,  on  any  building,  fence,  bulletin  board,  or  other  property  not 
belonging  to  or  controlled  by  him,  her  or  them,  or  without  the  permis- 
sion of  the  person  owning  or  controlling  the  same,  any  advertisement, 
poster,  bill,  or  other  notice  or  signs;  or  shall  tear  down,  remove,  or 
otherwise  interfere  with  any  such  notice,  sign,  advertisement,  bill  or 
poster  put  up  by  another,  unless  the  same  be  put  up  on  his,  her  or 
their  property,  without  permission  previously  given,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  fine 
of  not  less  than  five  nor  more  than  one.  hundred  dollars. 


90  Eevised  Okdinances  of  the  City  oe  Austin. 


TITLE  XIX. 


MISDEMEANORS. 


CHAPTER  I. 

DEFINITION  AND  PUNISHMENT. 

Article  325.  Every  act  or  omission  in  violation  of  any  ordinance 
of  the  City  of  Austin,  now  in  force  or  hereafter  to  be  passed,  which  is 
declared  to  be  a  misdemeanor  by  any  ordinance  now  in  force  or  hereafter 
to  be  passed,  shall  be  held  and  deemed  to  be  a  misdemeanor. 

Aeticle  326.  Every  willful  violation  of  any  ordinance  of  the  City 
of  Austin,  now  in  force  or  hereafter  to  be  passed,  shall  be  held  and 
deemed  to  be  a  misdemeanor,  notwithstandnig  there  be  no  words  in 
such  ordinance  expressly  declaring  the  same  to  be  a  misdemeanor. 

Article  327.  Every  person  convicted  in  the  Corporation  Court  of 
any  misdemeanor  under  the  ordinances  of  the  City  of  Austin,  where 
no  specific  punishment  is  declared  in  such  ordinance,  shall  be  punished 
by  fine  of  no  less  than  five  nor  more  than  one  hundred  dollars,  and  in 
addition  thereto  may  be  imprisoned  in  the  city  prison  not  exceeding 
fifteen  days  for  each  and  every  offense. 

Article  328.  Whenever,  on  the  trial  of  any  misdemeanor,  it  shall 
appear  that  the  person  accused  has  been  convicted  of  the  same  or  a 
similar  offense  within  twelve  months  preceding  the  trial  thereof,  the 
person  accused  may  be  sentenced  to  double  the  punishment  inflicted 
on  the  trial  of  the  first  offense.  And  on  the  third  conviction  for  the 
same  offense,  the  person  convicted  may  be  adjudged  to  suffer  the  highest 
fine  and  longest  term  of  imprisonment  imposed  by  ordinance. 


Eevised  Ordinances  of  the  City  of  Austin.  91 


TITLE  XX. 


MONEY  AND  FUNDS  AND  BONDS  AND  WARRANTS  OF  THE  CITY. 


CHAPTEE  I. 

MONEY    AND    FUNDS. 

Article  329.  Any  money  due  and  to  become  due  to  the  City  of 
Austin  upon  notes,  bonds,  bills,  judgments,  or  otherwise,  shall  be  paid 
over  to  the  City  Assessor  and  Collector  by  the  court.  Sheriff  or  officer 
collecting  the  same,  or  by  the  persons  or  corporation  owing  or  liable 
for  the  same;  and  no  person  except  the  Assessor  and  Collector  shall  be 
authorized  to  receive  or  receipt  for  the  same. 

Article  330.  Neither  the  money  for  which  bonds  may  be  sold,  nor 
the  money  raised  to  pay  the  interest  and  sinking  fund  thereof,  shall  be 
diverted  to  any  other  purpose,  and  the  City  Treasurer  shall  not  honor 
any  draft  drawn  on  said  interest  and  sinking  fund  except  to  pay  the  in- 
terest on  the  bonds  or  to  redeem  the  same,  except  as  hereinafter  provided. 

Article  331.  The  Mayor  and  Finance  Committee  of  the  City  Coun- 
cil be  and  are  hereby  authorized  and  directed  to  invest  all  moneys  now 
in  the  City  Treasury  to  the  credit  of  the  sinking  fund  of  the  Water 
and  Light  System,  and  all  moneys  that  may  hereafter  be  placed  to 
the  credit  of  said  fund  in  interest-bearing  bonds  of  the  United  States, 
of  the  State  of  Texas,  or  of  the  City  of  Austin;  provided,  that  the 
power  herein  conferred  shall  not  be  exercised  except  on  the  approval  of 
the  City  Council. 

Article  332.  Whenever  the  accumulated  sinking  fund  upon  any 
issue  of  bonds  shall  amount  to  as  much  as  one  thousand  dollars,  the 
same  shall  be  applied  at  once  to  the  discharge  of  a  like  amount  of  said 
bonds,  and  should  the  city  not  be  entitled  to  redeem  any  of  such  series, 
and  the  holders  be  unwilling  to  surrender  the  same,  said  fund  shall  be 
invested  in  other  valid  interest-bearing  bonds  of  the  City  of  Austin,  or 
of  the  United  States,  or  of  the  State  of  Texas,  as  the  Council  may  de- 
termine, and  when  so  invested  the  bonds  purchased  and  the  interest 
thereon  shall  be  held  as  a  trust  for  the  particular  fund  from  which  the 
money  was  taken,  and  shall  not  be  sold  or  otherwise  used  except  for  the 
purpose  of  retiring  the  original  bonds  for  whose  use  the  fund  was 
created,  but  all  moneys  collected  on  account  of  the  sinking  fund  shall  be 
annually  applied  exclusively  to  the  redemption  and  retirement  of  the 


92  Eevised  Ordinances  of  the  City  of  Austin. 

refunding  bonds.  If  refunding  bonds  can  not  be  purchased  in  the 
market  at  or  below  par,  then  such  sinking  fund  shall  be  used  to  retire 
such  refunding  bonds  by  drawing  the  same  by  lot  under  regulations  to 
be  prescribed  by  the  City  Council. 

Article  333,  The  City  Council  shall  cause  to  be  published  within 
a  month  after  the  end  of  each  fiscal  year  a  full,  complete  and  detailed 
statement  of  all  moneys  received  and  expended,  classifying  each  receipt 
and  expenditure  under  its  proper  head. 

CHAPTEE  II. 

BONDS. 

Article  334.  The  city  may  raise  money  on  the  credit  of  the  city 
for  a  special  and  definite  purpose,  by  issuing  bonds  of  the  city  or  other- 
wise; provided,  the  bonded  debt  of  the  city  shall  only  be  increased  by 
a  special  act  of  the  Legislature  or  by  consent  of  two-thirds  of  the  quali- 
fied voters  in  said  city  who  pay  taxes  on  property,  real  or  personal  in 
said  city.  All  persons  owning  property,  real  or  personal,  subject  to 
taxation  in  the  said  city  on  the  first  day  of  January  next  preceding  any 
election  that  may  be  held  to  obtain  such  consent  shall  be  deemed  to  be 
persons  who  pay  taxes  on  property  in  said  city.  Such  election  shall  be 
ordered  by  the  City  Council,  and  notice  thereof  shall  be  given  for  at 
least  thirty  days  by  the  Mayor,  in  such  manner  as  may  be  prescribed 
by  the  City  Council;  provided,  that  lands  within  the  limits  of  the 
city  which  have  not  been  laid  off  into  blocks  and  lots  shall  not  be  as- 
sessed for  taxes  otherwise  than  by  the  acre,  and  shall  continue  to  be  so 
assessed  and  taxed  until  laid  off  into  lots  and  blocks  by  the  owners 
thereof. 

Article  335.  (1)  The  bonded  indebtedness  of  the  City  of  Austin 
shall  never  exceed  at  any  time  one  hundred  and  twenty-five  thousand 
dollars,  unless  the  excess  be  provided  for  in  the  manner  prescribed  by 
the  charter. 

(2)  All  bonds  issued  by  the  City  of  Austin  shall  be  signed  by  the 
Mayor  and  countersigned  by  the  City  Clerk.  The  manner  and  ob-' 
ject  of  their  issue,  as  well  as  their  redemption,  shall  be  prescribed  by 
ordinance,  subject  to  the  restrictions  imposed  by  the  charter. 

(3)  If  in  any  case  new  bonds  are  given  in  exchange  for  old,  such 
old  bonds  shall  be  held  by  the  City  Clerk,  properly  canceled  by  the 
Mayor,  as  vouchers  for  the  issue  of  the  new  bonds  which  are  to  replace 
them,  and  the  manner  of  cancellation  of  the  old  bonds  shall  be  pre- 
scribed by  the  ordinance  authorizing  the  issue  of  the  new. 

Article  336.  All  bonds  shall  specify  for  what  purpose  they  are 
issued,  and  provision  shall  be  made  to  pay  the  interest  and  the  sinking 


Kevised  Ordinances  of  the  City  of  Austin.  93 

lund  of  two  per  centum  annually  of  the  principal  to  redeem  or  pay  the 
bonds. 

Article  337.  The  said  City  Council  shall  have  power  and  authority 
to  fund,  refund,  compromise,  adjust,  scale  or  settle  all  or  any  part  of 
the  bonded  indebtedness  of  said  city,  and  for  that  purpose  shall  have 
the  power  and  it  is  hereby  specially  authorized  without  any  election  to 
obtain  the  consent  of  the  qualified  voters  in  said  city  .who  pay  taxes  on 
property  therein  to  forthwith  issue  refunding  bonds,  such  bonds  to  be 
entitled  "Eefunding  Bonds  of  the  City  of  Austin,  Texas,"  and  all  such 
refunding  bonds  shall  be  dated  July  1,  1901,  and  shall  be  payable  July 
1,  1931;  redeemable,  however,  at  the  option  of  the  city,  on  any  in- 
terest payment  date  at  par  and  accrued  interest  to  date  of  redemption. 
Said  bonds  shall  bear  interest  at  the  rate  of  three  per  centum  (3%) 
per  annum  for  the  period  of  five  (5)  years  from  July  1,  1901,  that  is, 
to  July  1,  1906 ;  thereafter  said  bonds  shall  bear  interest  at  the  rate  of 
four  per  centum  (4%)  per  annum  for  a  period  of  ten  (10)  years, 
that  is,  to  July  1,  1916,  and  thereafter  until  the  maturity  of  said  bonds 
they  shall  draw  interest  at  the  rate  of  five  per  centum  (5%)  per  an- 
num. Said  interest  shall  be  payable  semi-annually  on  the  first  days  of 
January  and  July  of  each  and  every  year,  and  both  principal  and  in- 
terest of  said  bonds  shall  be  payable  at  the  option  of  the  holder,  in  either 
the  City  of  New  York  or  the  City  of  Austin,  and  may  be  made  payable 
in  gold  coin  of  the  United  States  of  America  of  or  equivalent  to  the 
present  standard  of  weight  and  fineness.  In  form  said  bonds  may  be 
either  registered  bonds  or  negotiable  coupon  bonds,  with  or  without  the 
privilege  of  registration  as  to  both  principal  and  interest,  or  part  may 
be  registered  bonds  and  part  negotiable  coupon  bonds ;  and  for  the  pur- 
pose of  registering  the  principal  and  interest  of  the  negotiable  coupon 
bonds  the  Treasurer  of  the  city  is  hereby  authorized  and  directed  to 
register  such  principal  and  interest,  or  both,  under  such  rules  and  regu- 
lations as  may  be  provided  by  the  City  Council;  after  which  registration 
the  principal  or  interest,  as  the  case  may  be,  or  both,  shall  be  payable 
only  to  the  registered  holder.  Said  bonds  may  be  of  such  denomination 
or  denominations  as  the  City  Council  may  determine.  Said  bonds  may 
be  authorized  at  any  regular  or  special  meeting  of  the  City  Council  hy 
a  majority  vote  of  all  the  members  of  the  City  Council,  and  the  ordi- 
nance authorizing  said  bonds  may  be  introduced  and  finally  passed  at 
the  same  meeting.  "  A  certified  copy  of  the  ordinance  of  said  city  pro- 
viding for  the  issuance  of  said  refunding  bonds  and  of  the  ordinances 
levying  a  tax  to  pay  the  interest  upon  and  provide  a  sinking  fund  for 
the  redemption  of  said  bonds,  together  with  the  said  bonds  duly  exe- 
cuted by  the  Mayor  and  Clerk  of  said  city,  shall  be  submitted  to  the 
Attorney  General,  whose  duty  it  shall  be  to  examine  the  same,  and  if 


9-t  Eevised  Ordinances  of  the  City  of  Austin. 

he  finds  that  said  bonds  have  been  issued  in  accordance  with  the  pro- 
visions of  this  act  and  not  in  contravention  of  the  Constitution  of  this 
State,  the  Attorney  General  shall  officially  so  certify  to  the  Comptroller, 
and  such  certificate  shall  be  preserved  by  the  Comptroller  as  a  record 
of  his  department  and  for  use  as  evidence.  The  Comptroller  shall  then 
register  said  bonds  in  the  book  kept  for  the  purpose  of  registering  bonds 
issued  under  the  provisions  of  Chapter  64  of  the  General  Laws  passed 
in  1893,  and  shall  affix  to  each  of  said  bonds  his  certificate  under  his 
official  seal  to  the  effect  that  the  same  have  been  duly  registered  in  his 
department.  Said  refunding  bonds  shall  then  be  delivered  to  the 
Treasurer  of  the  said  City  of  Austin,  upon  the  order  of  the  Mayor  of 
said  city,  and  the  Mayor  and  Treasurer  of  said  city,  acting  jointly,  are 
hereby  constituted  the  agents  of  said  city  to  thereafter  issue  and  dis- 
pose of  said  bonds  under  the  provisions  of  this  act.  Said  refunding 
bonds  shall  be  exchangeable  from  time  to  time  for  the  outstanding  bonds 
of  the  City  of  Austin,  adjustment  of  accrued  interest  as  between  the 
refunding  bonds  and  the  bonds  for  which  they  are  exchanged  to  be 
made  in  cash,  and  at  the  time  of  exchange  all  overdue  coupons  on  the 
refunding  bonds  shall  be  detached  and  canceled.  In  making  the  ex- 
change herein  provided  for  the  face  value  or  principal  amount  of  the 
outstanding  city  bonds  received  on  such  exchange  shall  be  at  least  equal 
to  the  face  value  or  principal  amount  of  the  refunding  bonds  issued  on 
such  exchange.  The  City  Council  and  the  Attorney  General  of  the 
State  are  expressly  authorized  to  provide  that  such  exchange  may  take 
place  in  the  City  of  New  York,  or  such  other  place  as  may  be  most 
convenient  for  effecting  such  exchange.  The  said  refunding  bonds  may 
be  sold  and  the  proceeds  thereof  used  to  take  up  the  outstanding  bonds 
of  the  City  of  Austin;  provided,  that  such  refunding  bonds  shall  not 
be  sold  for  less  than  the  sum  for  which  an  equal  amount  in  par  value 
of  the  outstanding  bonds  can  be  purchased,  nor  shall  any  sale  or  delivery 
of  such  refunding  bonds  take  place  until  a  contract  has  been  entered 
into  for  the  purchase  of  at  least  an  equal  amount  in  par  value  of  the 
outstanding  bonds.  The  bonds  of  said  city  now  outstanding,  when  ex- 
changed or  taken  up  by  said  city  under  the  provisions  hereof,  shall  be, 
by  said  Mayor  and  Treasurer,  immediately  canceled  by  mutilating  the 
signatures  thereto,  and  a  report  of  the  numbers  &nd  series  thereof  shall 
be  made  by  the  Mayor  and  Treasurer  at  the  next  meeting  of  the  City 
Council,  and  the  said  lionds  so  canceled  shall  be  then  destroyed  in  the 
presence  of  the  City  Council  and  a  minute  thereof  be  made  upon  its 
record.  The  ordinance  or  ordinances  providing  for  the  issuance  of 
said  refunding  bonds  shall  make  provision  for  the  annual  assessment 
and  collection  of  a  tax  sufficient  to  pay  the  interest  thereon  and  to  create 
an  annual  sinking  fund  of  two  per  centum    (2%)    of  the  principal 


Eevised  Ordinances  of  the  City  of  Austin.  95 

thereof^  and  nothing  herein  or  in  any  other  statute  of  this  State  shall 
make  it  incumbent  upon  the  City  Council  to  provide  for  a  sinking 
fund  of  more  than  two  per  centum  (2%)  per  annum  of  the  principal 
of  such  refunding  bonds  as  may  be  issued  under  such  ordinance  or  ordi- 
nances. For  the  payment  of  interest  and  the  creation  of  such  sinking 
fund  the  City  Council  of  the  City  of  Austin  is  authorized  to  levy  a  tax 
of  one  and  sixteen  and  two-thirds  hundredths  (1.1666)  per  centum,  or 
so  much  thereof  as  may  be  necessary  for  said  purpose,  and  while  any  of 
said  refunding  bonds  are  outstanding  the  power  to  levy  said  tax  shall 
not  be  decreased,  impaired  or  curtailed.  The  right  of  the  City  of  Aus- 
tin to  levy  said  tax  shall  enter  into  and  become  part  of  the  contract  in 
the  issuance  of  said  bonds ;  such  tax  to  be  levied  when  and  as  other  taxes 
of  the  city  are  levied,  and  in  the  event  of  the  failure  of  the  City  Council 
to  levy  such  tax,  either  of  the  district  courts  in  and  for  Travis  County, 
or  the  United  States  Circuit  Court,  or  a  judge  of  the  United  States 
Circuit  Court  for  the  circuit  in  which  is  located  the  City  of  Austin,  is 
authorized  to  make  and  grant  on  the  application  of  any  holder  of  any 
said  refunding  bonds  a  mandamus  to  compel  such  levy,  and  such  man- 
damus may  be  granted  without  judgment  being  first  had  on  account  of 
such  bonds.  If  at  any  time,  for  any  reason  whatsoever,  the  maximum 
tax  possible  of  collection  shall  not  be  sufficient  to  pay  the  interest  and 
also  provide  for  the  sinking  fund,  then  and  in  that  event  the  taxes  col- 
lected shall  first  be  appropriated  and  used  to  pay  all  accrued  interest 
or  interest  to  accrue  during  the  year  for  which  such  tax  levy  is  made 
in  full  before  any  part  thereof  shall  be  appropriated  for  the  sinking 
fund.  In  case  any  suit  or  suits  shall  at  any  time  be  instituted  against 
the  City  of  Austin  to  enforce  the  payment  of  the  principal  or  interest 
of  said  refunding  bonds,  or  to  compel  the  levy  and  collection  of  the  taxes 
herein  prescribed,  no  defense,  either  in  law  or  in  equity,  shall  be  ad- 
mitted in  any  of  the  courts  of  this  State,  except  such  as  originated 
upon  or  subsequent  to  the  issuance  of  such  refunding  bonds.  Any  public 
institution  in  the  State  of  Texas  or  any  sinking  fund  commission  hold- 
ing any  of  the  bonds  of  the  City  of  Austin  are  hereby  authorized  and 
directed  to  exchange  such  bonds  for  refunding  bonds  which  may  be 
authorized  pursuant  to  this  act.  The  payment  of  the  principal  or  in- 
terest of  any  bonds  which  may  be  issued  by  the  City  of  Austin  after  the 
due  authorization  of  the  refunding  bonds  provided  for  lierein  shall  be 
subject  to  the  payment  in  full  of  the  principal  and  interest  and  the 
creation  of  the  sinking  fund  of  two  per  centum  (2%)  per  annum  of 
all  such  refunding  bonds  issued  under  such  authorization,  or  which 
may  be  thereafter  issued  under  such  authorization,  before  any  part  of 
the  tax  collected  by  the  said  city  shall  be  applied  to  such  other  bonds  of 
the   city.      While   any   of   said   refunding   bonds   shall   be   outstanding 


96  Revised  Ordixances  of  the  City  of  Austin. 

the  City  of  Austin  shall  not  sell,  lease,  rent,  or  otherwise  part  with  the 
possession  of  its  water,  light  and  power  properties,  and  all  moneys,  net 
income,  derived  from  the  operation  of  such  plants  shall  be  paid  into  and 
become  a  part  of  the  sinking  fund  for  the  redemption  of  such  refunding 
bonds,  and  shall  be  applied  in  the  same  manner  as  the  sinking  fund 
derived  from  the  collection  of  t^xes;  subject,  however,  to  the  pledge 
of  such  net  income  contained  in  the  bonds  of  the  City  of  Austin  known 
as  the  "Waterworks  and  Electric  Light  Bonds  of  1890,"  and  in  the  ordi- 
nance authorizing  them,  while  any  of  such  bonds  shall  remain  outstand- 
ing; provided,  however,  that  nothing  in  the  charter  of  the  city,  or  in 
these  amendments  thereto,  shall  be  so  construed  as  to  prohibit  the  city 
from  selling  disused  property  formerly  purchased  and  used  by  it  in  the 
operation  of  its  water  power  plant  situated  at  and  near  the  dam  of  the 
city  across  the  Colorado  Eiver,  and  the  right  to  sell  such  disused  prop- 
erty as  may  not  be  necessary  for  the  present  operation  of  its  steam  water, 
light  and  power  plant  is  hereby  expressly  conferred  upon  the  said  city, 
to  be  exercised  whenever  the  same  shall  be  by  it  deemed  expedient  and 
desirable,  but  nothing  herein  contained  shall  be  so  construed  as  to  make 
it  the  duty  of  the  city  to  sell  any  of  said  material  or  property  until 
such  sale  shall  by  it  be  deemed  expedient  and  desirable,  and  all  of  said 
material  and  propert}'  shall  be  deemed  to  be  held  for  public  use  until 
so  sold,  and  shall  never  be  subject  to  execution  sale  or  other  forced 
sale  at  the  instance  of  any  creditor  or  creditors  of  the  city.  While  any 
of  said  refunding  bonds  shall  be  outstanding  the  corporate  limits  of 
the  City  of  Austin  as  at  present  defined  shall  not  be  decreased  or  les- 
sened for  taxing  purposes  or  otherwise. 

CHAPTER  Ila. 

REFUNDING  BONDS. 

An  Ordinance  to  provide  for  the  issuance  of  refunding  bonds  of  the 
City  of  Austin  for  the  purpose  of  refunding  its  bonded  debt,  and  to 
provide  for  the  assessment  and  collection  of  a  tax  sufficient  to  pay  the 
interest  thereon,  and  to  create  an  annual  sinking  fund  of  two  per 
centum  (2%)  of  the  principal  thereof. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 

Article  338.  That,  in  accordance  with  the  city  charter  of  the 
City  of  Austin,  as  ameiided  by  an  Act  of  the  Legislature  of  the  State 
of  Texas,  approved  September  21,  1901,  entitled  "An  Act  to  amend 
Sections  33,  34,  36,  37  and  63  of  an  act  entitled  'An  Act  to  incorporate 
the  City  of  Austin,  grant  it  a  new  charter  and  fix  its  boundaries/  ap- 
proved April  13,  1901,  so  as  to  provide  for  the  refunding  of  its  bonded 


Eevised  Ordinances  of  the  City  of  Austin,  97 

debt,  to  further  define  its  powers  and  duties  relative  to  its  bonded  in- 
debtedness, to  define  the  powers  of  said  city  with  reference  to  streets 
and  highwaj's  within  its  corporate  limits,  and  to  authorize  said  city  to 
pledge  not  exceeding  one-fourth  (^)  of  its  general  revenue  for  the 
payment  and  security  of  judgments  and  claims  herein  specified,"  the 
City  Clerk,  under  the  direction  of  the  Mayor,  is  hereby  directed  to 
forthwith  cause  to  be  prepared  refunding  bonds  of  the  City  of  Austin, 
in  substantially  the  following  form: 


No $ 

State  of  Texas. 

Eefunding  Bond  of  the  City  of  Austin. 

The  City  of  Austin,  for  value  received,  hereby  promises  to  pay  to 
bearer  (or,  if  the  principal  of  this  bond  is  registered,  then  to  such  regis- 
tered holder) Dollars   ($ )   in  gold  coin  of  the 

United  States  of  America  of  or  equivalent  to  the  present  standard  of 
weight  and  fineness,  on  the  first  day  of  July,  1931,  together  with  interest 
thereon  at  the  rate  of  three  per  centum  (3%)  per  annum  up  to  and 
including  July  1,  1906,  and  thereafter  at  the  rate  of  four  per  centum 
(4%)  per  annum  up  to  and  including  July  1,  1916,  and  thereafter 
at  the  rate  of  five  per  centum  (5%)  per  annum  until  the  maturity  or 
redemption  hereof;  said  interest  being  payable  in  like  gold  coin  semi- 
annually on  the  first  days  of  January  and  July  of  each  year  upon  pres- 
entation and  surrender  of  the  annexed  coupons  as  they  severally  be- 
come due  (or,  if  the  interest  to  accrue  on  this  bond  be  registered,  then 
to  such  registered  holder)  ;  both  principal  and  interest  being  payable 
at  the  office  of  the  Treasurer  of  the  City  of  Austin  or  at  the  National 
City  Bank  in  the  City  of  New  York,  at  the  option  of  the  party  entitled 
thereto. 

This  bond  is  one  of  a  series  of  bonds  issued  by  the  City  of  Austin 
for  the  purpose  of  refunding  its  outstanding  bonded  indebtedness,  by 
virtue  of  and  in  accordance  and  full  conformity  with  the  charter  of 
the  City  of  Austin  as  amended  by  an  act  of  the  Legislature  of  the  State 
of  Texas,  approved  the  21st  day  of  September,  1901,  and  entitled  "An 
Act  to  amend  Sections  33,  34,  36,  37  and  63  of  an  Act  entitled  'An 
Act  to  incorporate  the  City  of  Austin,  grant  it  a  new  charter,  and  fix 
its  boundaries,'  approved  April  13,  1901,  so  as  to  provide  for  the  refund- 
ing of  its  bonded  debt,  to  further  define  its  powers  and  duties  relative 
to  its  bonded  indebtedness,  etc.,"  and  with  an  ordinance  of  said  City  of 
Austin,  entitled  "An  Ordinance  to  provide  for  the  issuance  of  refunding 
bonds  of  the  City  of  Austin  for  the  purpose  of  refunding  its  bonded 
debt,  and  to  provide  for  the  assessment  and  collection  of  a  tax  sufficient 
to  pay  the  interest  thereon,  and  to  create  an  annual  sinking  fund  of  two 


98  Eevised  Ordinances  of  the  City  of  Austin. 

per  centum  (2%)  of  the  principal  thereof/'  approved  on  the.... day 
of  November,  1901,  said  ordinance,  among  other  things,  assessing  and 
levying  a  tax  of  one  and  sixteen  and  two-thirds  hundredths  per  cent 
(1.16f%),  or  so  much  thereof  as  may  be  necessary,  for  the  payment 
of  the  interest  on  said  bonds  and  the  creation  of  a  sinking  fund,  as 
provided  by  the  Constitution  and  laws  of  Texas,  and  the  charter  of  the 
City  of  Austin^  and  ])k'(lgiiig.  as  therein  provided,  the  entire  net  income 
to  be  derived  by  the  City  of  Austin  from  the  op'eration'of  its  water^ 
light  and  power  properties  as  and  for  a  sinking  fund  for  the  redemption 
of  said  bonds,  said  levy  and  ass^ment  and  pledge  of  net  revenue  from^ 
said  water_,  light  and  power  properties  entering  into  and  becoming  a 
part  of  the  contract  in  the  issuance  of  said  bonds ;  and,  while  any  of  said 
bonds  shall  be  outstanding  and  unpaid,  the  rights  thereunder  s"hall  not 
be  decreased,  impaired'  or  curtailed.  The  City  of  Austin  hereby  re- 
serves the  right  to  redeem  aii}  anS  all  of  said  bonds,  on  any  interest 
payment  date,  at  par  and  accrued  interest  to  date  of  redemption,  such 
redemption  to  be  effected  by  purchase  in  the  open  market  or  the  drawing 
of  bonds  for  redemption  by  lot,  such  drawing  to  be  made  under  authority 
and  direction  of  the  City  Council;  and  a  notice  containing  the  num- 
bers of  said  bonds  drawn  for  redemption  shall  be  published  once  a  week 
for  four  consecutive  weeks  prior  to  the  date  fixed  for  such  redemption  in 
one  newspaper  published  in  the  City  of  New  York  and  in  one  newspaper 
published  in  the  City  of  Austin.  Bonds  so  drawn  for  redemption,  and 
notice  thereof  having  been  duly  given,  shall  thereafter  cease  to  bear  in- 
terest. 

This  bond  shall  pass  by  delivery  unless  registered  in  the  name  of 
the  owner  on  books  kept  for  that  purpose  by  the  Treasurer  of  the  City 
of  Austin,  and  such  registration  be  noted  on  the  bond.  After  such 
registration  no  transfers  shall  be  valid,  unless  made  on  the  books  by  the 
registered  owner  in  person,  or  by  his  attorney  thereunto  duly  authorized, 
and  similarly  noted  on  the  bond,  but  the  same  may  be  discharged  from 
registration  by  being  transferred  to  bearer,  and  thereupon  transferability 
by  delivery  shall  be  restored ;  but  this  bond  may  again  from  time  to  time 
be  registered  or  transferred  to  bearer  as  before.  Such  registration  shall 
not  affect  the  negotiability  of  the  coupons,  which  shall  continue  to  be 
transferable  by  delivery.  The  coupons,  however,  may  be  detached  and 
canceled  at  time  of  the  registry  of  the  principal  of  the  bond  and  such 
cancellation  noted  on  the  back  of  the  bond,  after  which  transferability 
of  this  bond  by  delivery  can  not  be  restored,  and  thereafter  both  the 
principal  and  interest  shall  be  payable  only  to  the  registered  owner  or 
his  legal  representatives^ 

The  City  of  Austin,  in  issuing  this  bond,  hereby  recites,  certifies  and 
declares  that  each,  every  and  all  of  those  matters  and  things  conditioned 


Eevised  Ordinances  of  the  City  of  Austin.  99 

and  precedent  to  the  legal  issue  of  this  bond  have  happened  and  been 
performed  and  that  this  bond  constitutes  the  valid,  binding  and  legal 
obligation  of  the  City  of  Austin. 

In  witness  whereof,  the  City  of  Austin  has  caused  this  bond  to  be 
signed  by  the  Mayor  of  said  City,  and  by  the  City  Clerk  of  said  City, 
and  attested  with  the  seal  of  said  City  of  Austin,  this  first  day  of  July, 
nineteen  hundred  and  one  (1901),  at  the  City  Hall  of  said  city, 

[.Corporate  Seal  of  the Mayor. 

City  of  Austin.]  City  Clerk. 

(Form  of  Coupon.) 

On  the  first  day  of  January,  1902,  the  City  of  Austin,  for  value  re- 
ceived, promises  to  pay  to  bearer,  at  the  office  of  the  Treasurer  of  the 
City  of  Austin,  or  at  the  National  City  Bank,  in  the  City  of  New  York, 

as  the  holder  may  desire,   Dollars   ($ )   in  gold  coin 

of  the  United  States  of  America  of  or  equivalent  to  the  present 
standard  of  weight  and  fineness,  being  for  six  (6)  months'  interest  on 

its  refunding  bond  No 

Mayor. 

(Certificate  of  Comptroller  of  Public  Accounts  of  the  State  of  Texas.) 

I,   Comptroller  of  Public  Accounts  of  the  State 

of  Texas,  do  hereby  certify  that  there  is  on  file  and  of  record  in  my  office 
a  certificate  of  the  Attorney  General  of  the  State  of  Texas  to  the  effect 
that  the  within  bond  has  been  examined  by  him  as  required  by  Chapter 
64  of  the  Acts  of  the  Legislature  of  the  State  of  Texas  of  1893,  and 
by  the  Act  of  the  Legislature  of  the  State  of  Texas,  approved  21st  day 
of  September  1901,  entitled  "An  Act  to  amend  Sections  33,  34,  36,  37 
and  63  of  an  Act  entitled  'An  Act  to  incorporate  the  City  of  Austin, 
grant  it  a  new  charter,  and  fix  its  boundaries,'  approved  April  13,  1901, 
so  as  to  provide  for  the  refunding  of  its  bonded  debt,  to  further  define 
its  powers  and  duties  relative  to  its  bonded  indebtedness,  etc.,"  and  that 
he  finds  that  this  bond  has  been  issued  in  conformity  with  the  Consti- 
tution and  laws  of  the  State  of  Texas,  and  the  charter  of  the  City 
of  Austin,  Texas;  and  that  said  bond  has  this  day  been  registered  upon 
the  books  of  my  office. 

Witness  my  hand  and  seal  of  office,  this day  of , 

A.  D.  1901. 


Comptroller  of  Public  Accounts  of  the  State  of  Texas. 

Article  339.     Said  bonds  to  be  in  denominations  of  one  thousand 
dollars   ($1000)   each,  or  of  five  hundred  dollars   ($500)    each,  or  in 


100  Revised  Ohdinaxces  of  the  City  of  Austin. 

part  of  one  denomination  and  in  part  of  the  other,  and  to  be  of  an 
aggregate  par  value  on  principal  amount  not  to  exceed  the  par  value 
or  principal  amount  of  the  present  outstanding  bonded  indebtedness 
of  the  City  of  Austin,  said  bonds  to  be  numbered  from  one  (1)  upwards. 

Article  3-iO.  Said  bonds  shall  bear  date  as  of  the  first  day  of 
July,  1901,  and  shall  all  be  payable  July  1,  1931,  redeemable,  however, 
at  the  option  of  the  city  on  any  interest  payment  date  at  par  and 
accrued  interest  to  date  of  redemption,  in  the  manner  and  as  provided 
by  Section  15  of  this  ordinance. 

Article  341.  Said  bonds  shall  bear  interest  at  the  rate  of  three 
per  centum  (3%)  per  annum  from  July  1,  1901,  to  and  including  July 
1,  1906,  and  at  the  rate  of  four  per  centum  (4%)  per  annum  from  July 
1,  1906,  to  and  including  July  1,  1916,  and  at  the  rate  of  five  per 
centum  (5%)  per  annum  from  July  1,  1916,  to  and  including  the  ma- 
turity or  redemption  of  said  bonds,  said  interest  to  be  payable  semi- 
annually on  the  first  days  of  January  and  July  of  each  and  every  year, 
both  principal  and  interest  being  payable  at  the  option  of  the  party 
entitled  thereto  in  either  the  City  of  Austin  or  the  City  of  New  York, 
in  gold  coin  of  the  United  States  of  America  of  or  equivalent  to  the 
present  standard  of  weight  and  fineness. 

Article  342.  Said  bonds  shall  be  negotiable  coupon  bonds  with 
privilege  of  registration  as  to  both  principal  and  interest,  and  shall  pass 
by  delivery  unless  registered  in  the  name  of  the  owner  upon  books  to 
be  kept  for  that  purpose  by  the  Treasurer  of  the  City  of  Austin,  and 
such  registration  be  noted  on  the  bond.  After  such  registration  no 
transfer  shall  be  valid  unless  made  on  said  books  by  the  registered 
owner  in  person,  or  by  his  attorney  thereunto  duly  authorized  and 
similarly  noted  on  the  bond;  but  the  same  may  be  discharged  from 
registration  by  being  transferred  to  bearer,  and  thereupon  transferability 
by  delivery  shall  be  restored,  but  said  bonds  may  ag^in,  from  time  to 
time,  be  registered  or  transferred  to  bearer  as  before.  Such  registra- 
tion shall  not  effect  the  negotiability  of  the  coupons,  but  shall  continue 
to  be  transferable  by  delivery.  The  coupons,  however,  may  be  detached 
and  canceled  at  the  time  of  the  registry  of  the  principal  bond,  and  such 
cancellation  noted  on  the  back  of  the  bond,  after  which  transferability 
of  the  bonds  by  delivery  can  not  be  restored,  and  thereafter  both  the 
principal  and  interest  shall  be  payable  only  to  the  registered  owner  or 
his  legal  representatives;  the  Treasurer  of  the  City  of  Austin  being 
hereby  expressly  authorized  and  directed,  at  the  request  of  the  owner  of 
any  of  said  bonds,  to  register  said  bonds,  as  hereinabove  provided,  and 
to  keep  in  his  office  a  book  for  that  purpose  to  be  entitled  "Register  of 
the  Refunding  Bonds  of  the  City  of  Austin." 

Article  343.     The  Mayor  and  Clerk  of  said  city  are  hereby  ex- 


Revised  Ordinances  of  THE"CiTY'oF  Austin.  ,   ,        101 

pressly  authorized  and  directed,  on  behal'f  of'sai(i  city,  to  execute  said 
bonds,  or  as  many  thereof  as  may  required,  for  the  refunding  of  the 
present  outstanding  bonded  indebtedness  of  the  City  of  Austin.  In 
case  the  officers  who  shall  have  signed  and  sealed  any  of  said  bonds 
shall  cease  to  be  such  officers  of  the  City  of  Austin  before  the  bonds  so 
signed  and  sealed  shall  have  been  actually  issued  by  the  city,  such 
bonds  may,  nevertheless,  be  adopted  by  the  city  and  issued  and  delivered 
as  though  the  persons  who  signed  and  sealed  them  had  not  ceased  to  be 
officers  of  said  city.  The  coupons  attached  to  said  bonds  shall  be  au- 
thenticated by  the  engraved  fac  simile  signature  of  the  present  Mayor, 
or  any  future  Mayor  of  the  City  of  Austin,  and  said  city  may  adopt 
and  use  for  that  purpose  the  engraved  fac  simile  signature  of  such 
Mayor,  notwithstanding  the  fact  that  he  may  have  ceased  to  be  said 
Mayor  at  the  time  such  bonds  shall  be  actually  issued. 

Article  344.  Said  bonds  having  been  duly  executed  on  behalf  of 
the  city,  shall,  together  with  a  copy  of  this  ordinance  and  such  other 
data  as  may  be  required,  be  submitted  to  the  Attorney  General  of  the 
State  for  his  approval,  pursuant  to  Chapter  64  of  the  Acts  of  the  Legis- 
lature of  the  State  of  Texas  of  1893,  and  the  Act  of  the  Legislatui-e  of 
the  State  of  Texas  approved  September  21,  1901,  entitled  "An  Act  to 
amend  Sections  33,  34,  36,  37  and  63  of  an  Act  entitled  'An  x\ct  to 
incorporate  the  City  of  Austin,  grant  it  a  new  charter  and  fix  its  boun- 
daries,' approved  April  13,  1901,  so  as  to  provide  for  the  refunding  of 
its  bonded  debt,  to  further  define  its  powers  and  duties  relative  to  its 
bonded  indebtedness,  to  define  the  powers  of  said  city  with  reference  to 
streets  and  highways  within  its  corporate  limits,  and  to  authorize  said 
city  to  pledge  not' exceeding  one-fourth  (^)  of  its  general  revenue  for 
the  payment  and  security  of  judgments  and  claims  herein  specified." 

Article  345.  Such  of  said  bonds  as  the  Attorney  General  shall 
find  to  have  been  issued  in  conformity  with  the  Constitution  and 
laws  of  the  State  of  Texas  and  the  charter  of  the  City  of  Austin,  and 
to  constitute  valid  and  binding  obligations  of  the  City  of  Austin,  shall 
be  delivered  to  the  Comptroller  of  Public  Accounts  of  the  State  of  Texas 
for  the  purpose  of  having  the  same  registered  upon  the  books  kept  for 
that  purpose  in  his  office,  and  for  the  purpose  of  having  the  Comptroller 
affix  his  certificate  on  said  bonds,  certifying  that  the  Attorney  General 
of  the  State  of  Texas  has  approved  the  same  and  that  said  bonds  have 
been  duly  registered  in  his  office. 

Article  346.  Said  refunding  bonds  having  been  so  approved  by  the 
Attorney  General  and  registered  by  the  Comptroller  of  Public  Ac- 
counts, shall  be  exchangeable  from  time  to  time  by  the  Mayor  and  Treas- 
urer of  the  City  of  Austin,  acting  jointly,  for  the  bonds  of  the  City  of 
Austin  at  present  outstanding,  the  outstanding  bonds  of  the  City  of 


102  Revised  Ordinances  of  the  City  of  Austin. 

Austin  received  on  such  exchange  to  be  at  least  equal  face  value  on  prin- 
cipal amount  to  the  face  value  or  principal  amount  of  the  refunding 
bonds  issued  on  such  exchange.  Adjustment  of  accrued  interest  as  be- 
tween the  refunding  bonds  and  the  bonds  for  which  they  are  ex- 
changed to  be  made  in  cash;  provided,  however,  that  in  the  adjustment 
of  accrued  interest,  as  aforesaid,  paym.ent  of  interest  due  on  such  out- 
standing bonds  as  may  be  presented  for  exchange  shall  be  at  the  rate 
therein  called  for  up  to  and  including  July  1,  1901,  and  thereafter  at  the 
rate  provided  for  in  said  refunding  bonds. 

Article  347.  The  exchange  of  bonds  herein  provided  for  may  take 
place  at  the  office  of  the  City  Treasurer,  or  the  office  of  the  Attorney  Gen- 
eral, or  the  office  of  the  Comptroller  of  Public  Accounts,  or  the  office  of 
the  New  York  Security  and  Trust  Company  in  the  City  of  New  York. 

Article  348.  Said  refunding  bonds  or  any  part  thereof  may  be  sold 
by  the  Mayor  and  Treasurer  of  the  city,  acting  jointly,  at  public  or 
private  sale,  and  the  proceeds  thereof  used  to  take  up  the  bonds  of  the 
City  of  Austin  at  present  outstanding;  provided,  however,  that  such 
refunding  bonds  shall  not  be  sold  for  a  less  sum  than  the  amount  for 
which  an  equal  amount  in  par  value  or  principal  amount  of  the  out- 
standing bonds  can  be  purchased,  nor  shall  any  sale  or  delivery  of  said 
refunding  bonds  take  place  until  a  valid  contract  has  been  entered  into 
for  such  purchase  of^at  least  an  equal  amount  in  par  value  of  the  out- 
standing bonds.  The  proceeds  of  any  such  sale  of  said  refunding  bonds 
shall  be  paid  to  the  City  Treasurer,  who  shall  keep  a  true  and  faithful 
account  of  the  same  separate  from  all  other  city  funds  and  accounts, 
the  same  to  be  used  for  lio  other  purpose  than  for  the  purpose  of  taking 
up  and  redeeming  the  present  outstanding  bonds  of  the  city,  as  herein 
provided. 

Article  349.  The  bonds  of  said  city  now  outstanding,  when  received 
by  the  Mayor  and  Treasurer  in  exchange  for  the  bonds  to  be  issued 
under  this  ordinance  shall  be,  by  said  Mayor  and  Treasurer,  immediately 
canceled  by  mutilating  the  signatures  thereto,  and  a  report  of  the  num- 
bers and  series  thereof  shall  be  made  by  the  Mayor  and  Treasurer  at  the 
next  meeting  of  the  City  Council  and  the  said  bonds  so  canceled  shall 
be  then  destroyed  in  the  presence  of  the  City  Council,  and  a  minute 
thereof  made  upon  its  records. 

Article  350.  In  order  to  provide  for  the  payment  of  the  inter- 
est on  said  bonds  and  to  create  an  annual  sinking  fund  of  two  per  centum 
(2%)  of  tbe  principal  thereof,  there  shall  be  and  there  hereby  is  levied 
for  the  year  1901,  and  for  each  succeeding  year  hereafter  as  long  as  any 
of  8aid_refunding  bonds  shall  be  outstanding  upon^ll  property  in  the 
City  of  Austin,  an  ad  valorem  tax  of  one  and  sixteen  and  two-thirds  hu^^ 
dredths  per  centum  (1.16§%),  or  so  much  thereof  as  may  be  necessary  to 


Revised  Ordinances  of  the  City  of  Austin.  103 

pay  the  interest  on  the  bonds  which  may  be  issued  hereunder,  and  to  cre- 
ate an  annual  sinking  fund  of  two  per  centum  (2%)  per  annum  of  the 
"principal  thereof,  the  collection  of  which  tax  shall  be  provided  for  in  the 
same  manner  and  at  the  same  time  as  may  be  provided  for  by  the  ordi- 
nances regulating  taxation  for  other  purposes  in  the  City  of  Austin. 

Article  351.  All  money  collected  on  account  of  the  taxes  levied 
under  the  provisions  of  this  or  any  subsequent  ordinance  of  the  City  of 
Austin  for  the  payment  of  the  interest  on  said  bonds  and  the  creation 
of  a  sinking  fund  therefor  shall,  after  providing  for  the  payment  in  full 
of  all  interest  due  or  to  become  due,  be  annually  applied,  exclusively, 
to  the  redemption  and  retirement  of  the  said  refund  bonds. 

Article  352.  The  redemption  of  said  bonds  may  be  effected  by  pur- 
chasing said  bonds  in  the  open  market  at  or  below  par  and  accrued  in- 
terest in  sufficient  number  and  amount  to  use  up  such  sinking  fund,  then 
the  balance  of  such  moneys  as  shall  remain  in  such  sinking  fund  shall  be 
used  to  redeem  and  retire  such  bonds  by  drawing  a  sufficient  number 
thereof  by  lot,  such  drawing  to  be  made  by  the  Mayor  of  the  City  of  Aus- 
tin at  a  regular  or  called  meeting  of  the  City  Council,  which  drawing 
shall  take  place  at  least  thirty  days  before  the  interest  payment  date 
fixed  for  the  redemption  of  such  bonds,  and  notice  of  such  drawing,  giv- 
ing numbers  of  the  bonds  drawn  for  redemption,  shall  be  published  in 
one  newspaper  published  in  the  City  of  Austin,  Texas,  and  one  news- 
paper published  in  the  City  of  New  York,  once  a  week  for  four  (4)  con- 
secutive weeks  prior  to  the  date  fixed  for  such  redemption.  Bonds  so 
drawn  for  redemption,  such  notice  having  been  duly  and  regularly  given, 
shall,  on  the  date  fixed  for  their  redemption,  be  due  and  payable  and 
shall  thereafter  cease  to  bear  interest. 

Article  353.  While  any,  of  said  refunding  bonds  shall  be  outstand- 
ing the  City  of  Austin  shall  not  sell,  lease,  rent  or  otherwise  part  with 
the  possession  of  its  water,  light  and  power  properties,  and  all  moneys, 
not  income  derived  from  the  operation  of  such  plants,  shall  be  paid  into 
and  become  a  part  of  the  sinking  fund  for  the  redemption  of  such  refund- 
ing bonds,  and  shall  be  applied  in  the  same  manner  as  the  sinking  fund 
derived  from  the  collection  of  taxes;  subject,  however,  to  the  pledge  of 
such  net  income  contained  in  the  bonds  of  the  City  of  Austin  known  as 
the  Water  Works  and  Electric  Light  Bonds  of  1890,  and  in  the  ordinance 
authorizing  them,  while  any  of  such  bonds  remain  outstanding.  Pro- 
vided, however,  that  nothing  in  the  charter  of  the  city,  or  in  the  amend- 
ments thereto,  shall  be  so  construed  as  to  prohibit  the  city  from  selling 
disused  property  formerly  purchased  and  used  by  it  in  the  operation  of 
its  water  power  plant  situated  at  and  near  the  dam  of  the  city  across 
the  Colorado  Eiver,  and  the  right  to  sell  such  disused  property  as  may 
not  be  necessary  for  the  present  operation  of  its  steam,  water,  light  and 


:(D 


104  Eevised  Ordinances,  of  the  City  of  Austin. 

power  plant,  is  hereby  expressly  conferred  upon  the  said  city,  to  be 
exercised  whenever  same  shall  be  by  it  deemed  expedient  and  desirable, 
but  nothing  herein  contained  shall  be  so  construed  as  to  make  it  the 
duty  of  the  city  to  sell  any  of  said  material  or  property  until  such 
sale  shall  by  it  be  deemed  expedient  and  desirable ;  and  all  of  said  ma- 
terial and  property  shall  be  deemed  to  be  held  for  public  use  until  so 
sold,  and  shall  never  be  subject  to  execution  sale  or  other  forced  sale 
at  the  instance  of  any  creditor  of  the  city. 

Article  35-1,  While  any  of  said  refunding  bonds  shall  be  outstand- 
ing the  corporate  limits  of  the  City  of  Austin  as  at  present  defined  shall 
not  be  decreased  or  lessened  for  taxing  purposes  or  otherwise. 

Article  355.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Passed  November  4,  1901;  approved  November  5,  1901. 

CHAPTEE  lib. 

REFUNDING  BONDS. 

Article  356.  An  ordinanc-e  to  provide  for  refunding  certain  out- 
standing bonds  of  the  City  of  Austin. 

Whereas,  The  City  Council  of  the  City  of  Austin  did,  by  an  ordinance 
passed  the  4th  day  of  November,  A.  D.  1901  and  entitled:  "An  ordi- 
nance to  provide  for  the  issuance  of  refunding  bonds  of  the  City  of  Aus- 
tin for  the  purpose  of  refunding  its  bonded  debt  and  to  provide  for  the 
assessment  and  collection  of  a  tax  sufficient  to  pay  the  interest  thereon 
and  to  create  an  annual  sinking  fund  of  2  per  cent  per  annum  of  the 
principal  thereof,"  provide  for  the  refunding  of  the  bonded  indebtedness 
of  the  city ;  and. 

Whereas,  Some  doubt  has  arisen  as  to  whether  or  not  said  ordinance 
should  be  construed  as  authorizing  and  directing  the  refunding  of  out- 
standing refunding  bonds  of  the  city  of  the  issue  of  1881,  and  as  author- 
izing and  requiring  the  refunding  of  the  outstanding  refunding  bonds 
of  the  City  of  Austin  of  the  issue  of  the  year  1884 ;  and, 

Whereas,  It  is  the  desire  and  wish  of  the  City  Council  of  the  City  of 
Austin  that  the  bonds  above  mentioned,  ^s  well  as  all  other  outstanding 
bonds  of  the  City  of  Austin,  should  be  refunded  on  the  terms  mentioned 
in  said  ordinance,  except  those  terms  of  said  ordinance  which  relate  to 
the  readjustment  and  settlement  of  overdue  interest;  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Austin : 

Article  357.  That  the  wish  and  desire  of  the  City  Council  as  hereby 
expressed  to  refund  all  outstanding  bonds  of  the  City  of  Austin,  includ- 
ing its  6  per  cent  funding  bonds  of  the  issue  of  1881  and  its  6  per  cent 


Eevised  Ordinances  of  the  City  of  Austin.  105 

funding  bonds  of  the  issue  of  the  year  1884,  on  the  terms  expressed  in 
the  ordinance  above  mentioned,  except  as  to  readjustment  and  settle- 
ment of  overdue  interest;  and  the  Attorney  General  of  the  State  of 
Texas  is  hereby  requested  to  approve  proposed  refunding  bonds  for  the 
purpose  of  refunding  the  outstanding  bonds  above  mentioned. 

Article  358.  The  Mayor  and  Finance  Committee  are  hereby  in- 
structed to  confer  with  the  holders  of  the  above  mentioned  bonds  and 
to  refund  such  of  said  bonds  as  can  be  refunded  on  the  basis  named  in 
the  ordinance  above  mentioned,  except  as  to  accrued  interest  prior  to 
July  1,  1901,  and  on  the  following  basis  as  to  readjustment  and  payment 
of  the  overdue  interest,  namely:  all  interest  accrued  to  date  of  refund- 
ing to  be  paid  at  the  rate  of  3  per  cent  per  annum  instead  of  at  the  rate 
of  6  per  cent,  as  provided  for  on  the  face  of  said  bonds. 

Article  359.  That  this  ordinance  take  effect  and  be  in  force  from 
and  after  its  passage. 

Passed  March  21,  1903 ;  approved  March  21,  1903. 

CHAPTEK  III. 

WARRANTS. 

Article  360.  No  money  shall  be  paid  out  of  the  city  treasury  ex- 
cept by  warrants  signed  by  the  Mayor  and  attested  by  the  City  Clerk. 

Article  361.  Whenever  any  bills,  accounts  or  other  evidence  of  in- 
debtedness against  the  City  of  Austin,  which  have  received  the  approval 
of  the  proper  authorities,  are  presented  to  the  Mayor,  he  shall,  if  he 
find  the  same  correct,  approve  them  and  cause  them  to  be  placed  on  file 
and  recorded  by  the  City  Clerk;  and  shall  thereupon  issue  his  warrant, 
which  shall  be  attested  by  the  City  Clerk  upon  the  City  Treasurer  for 
the  amount  of  each  claim  so  approved;  provided,  however,  that  in  no 
case  shall  any  warrant  be  issued  by  the  Mayor,  or  paid  by  the  City 
Treasurer,  unless  an  appropriation  for  the  specific  purpose  of  paying  the 
same  have  been  previously  made  by  the  City  Council ;  and  provided  fur- 
ther, that  in  all  cases  the  object  for  which  the  warrant  is  drawn  shall  be 
stated  upon  the  face  of  the  warrant.  And  the  City  Treasurer  shall  pay 
all  warrants  issued  in  accordance  with  the  provisions  of  this  article. 

Article  362.  Warrants  may  be  issued  for  stated  salaries  or  for  ac- 
counts ordered  paid  by  vote  of  the  City  Council  without  other  approval 
than  that  of  the  Mayor,  except  that  the  salaries  of  policemen  shall  be 
certified  to  by  the  City  Marshal;  provided,  that  in  all  cases  an  appro- 
priation for  the  payment  thereof  shall  have  been  previously  specifically 
made  by  the  City  Council  by  ordinance. 

Article  363.     The  City  Treasurer  is  hereby  directed  to  register  the 


106  Kevised  Ordinances  of  the  City  of  Austin. 

warrants  issued  in  the  order  of  their  presentation  in  a  book  to  be  kept  by 
him  for  that  purpose,  in  which  shall  be  noted  the  name  of  the  payee,  the 
amount,  date  and  number  of  the  warrant,  and  the  said  Treasurer  shall 
note  on  each  warrant  the  date  of  its  registration,  with  its  appropriate 
number,  and  upon  the  payment  of  such  registered  warrant  he  shall  note 
the  same  and  the  date  of  its  payment,  in  the  proper  column  opposite  the 
entry  of  registration,  and  he  shall  pay  said  warrants  in  the  order  of  their 
registration. 

Aeticle  364.  It  shall  not  be  lawful  for  any  officer  of  this  city  to  buy 
and  sell,  or  deal  in,  or  to  be  in  any  way  engaged  or  interested  in  the  buy- 
ing, selling  or  dealing  in  city  warrants,  city  scrip,  or  other  evidences  of 
indebtedness  of  the  city  whatever;  and  any  officer  guilty  of  a  violation 
of  this  article  shall  be  deemed  guilty  of  a  misdemeanor  in  office;  pro- 
vided, nothing  in  this  article  shall  be  construed  to  prohibit  any  officer 
from  selling  warrants  or  scrip  issued  to  him  for  salary  or  fees. 

Article  365.  It  shall  not  be  lawful  for  the  Mayor  to  issue  a  warrant 
on  the  City  Treasurer  otherwise  than  as  provided  in  Articles  361  and 
362  of  this  chapter,  and  the  issuance  of  an 3^  warrant  by  the  Mayor  in 
violation  of  any  of  the  provisions  of  said  articles  shall  constitute  a  high 
misdemeanor,  for  which  he  may  be  removed  from  office. 

Article  366.  All  warrants  issued  by  the  Mayor  on  the  City  Treas- 
urer in  accordance  with  the  pro\dsions  of  this  chapter  shall  be  paid  by 
said  Treasurer  on  presentation. 


Eevised  Ordinances  of  the  City  of  Austin.  107 


TITLE    XXI. 


NUISANCES. 


CHAPTEE  I. 

spitting  on  sideavalks,  etc. 

Article  367.  The  spitting  upon  paved  sidewalks,  paved  cross  walks, 
the  floors  of  churches  or  other  public  halls  or  public  buildings,  or  upon 
street  cars,  is  hereby  prohibited  and  declared  to  be  a  public  nuisance, 
and  any  person  convicted  of  a  violation  of  any  of  the  terms  hereof  shall 
be  fined  not  less  than  five  dollars  nor  more  than  twenty-five  dollars. 

CHAPTER  II. 

DRUM  BEATING,   ETC. 

Article  368.  Whoever  shall  disturb  the  peace,  or  prevent  or  disturb 
the  sleep  of  others  by  beating  a  drum  or  drums  or  by  blowing  a  horn  or 
horns,  or  by  making  any  other  loud  noise  in  a  street  or  other  pub- 
lic place  or  near  any  private  residence  shall  be  deemed  guilty  of  com- 
mitting a  nuisance,  and  on  conviction  thereof,  shall  be  fined  in  any  sum 
not  less  than  five  nor  more  than  one  hundred  dollars. 

CHAPTER  III. 

brush,  ETC.,  ON  VACANT  LOTS. 

Article  369.  All  brush  and  weeds  covering  the  surface  of  vacant 
premises  within  the  corporate  limits  of  the  City  of  Austin,  whether 
fenced  or  unfenced,  is  hereby  declared  to  be  a  nuisance. 

Article  370.  Any  person,  firm  or  corporation  owning  any  vacant  lot 
or  lots  within  the  corporate  limits  of  the  City  of  Austin  covered  with 
either  brush  or  weeds  in  such  a  manner  as  to  become  a  rendezvous  for 
tramps,  a  shelter  or  dumping  ground  for  garbage,  unhealthy  or  unclean, 
who  shall  fail  to  clear  off  the  said  premises  of  such  brush  or  weeds  and 
make  same  healthy  and  clean  within  ten  days  after  being  notified  by 
the  City  Marshal,  any  policeman  or  the  Sanitary  Inspecter  of  the  City 
of  Austin  to  do  so  shall  be  fined  in  any  sum  not  less  than  five  nor  more 
than  twenty-five  dollars  for  each  offense;  provided,  that  each  day  such 
premises  remain  in  such  condition,  after  receiving  the  ten  days'  notice 
herein  provided  for,  shall  constitute  a  separate  offense. 


108  Kevised  Ordixaxces  of  the  City  of  Austin. 


TITLE  XXII. 


OFFICERS  OF  THE  CITY. 


CHAPTER  I. 

GENERALLY. 

I.      THE  OFFICERS  AND  THEIR  QUALIFICATION  AND  ELECTION. 

Article  371.  There  shall  be  a  Mayor  of  the  city;  a  City  Marshal;  a 
City  Clerk;  a  City  Attorney;  a  City  Assessor  and  Collector  of  Taxes;  a 
City  Treasurer;  a  City  Physician;  a  City  Engineer  and  ex-officio  Street 
Commissioner,  who  shall  be  Superintendent  of  Streets;  four  Water. 
Light  and  Power  Commissioners;  fourteen  Aldermen,  two  from  each 
ward,  one  local  and  one  at  large. 

Article  372.  There  shall  be  such  other  officers  and  employes  of  the 
city  as  the  Council  shall  determine,  and  which  shall  be  elected;  appointed 
or  selected  as  the  Council  shall  provide. 

Article  373.  All  officers  of  the  city  shall  be  residents  and  citizens  of 
the  State  of  Texas  and  the  City  of  Austin,  and  shall  be  persons  compe- 
tent to  perform  the  duties  required  of  them,  and  no  person  shalj  be  an 
officer  of  the  city  unless  he  shall  have  resided  in  the  State  of  Texas  twelve 
months  and  within  the  City  of  Austin  four  months,  next  preceding  the 
election,  and  shall  be  a  qualified  elector  of  said  city  under  the  Constitu- 
tion and  laws  of  the  State  of  Texas  at  the  date  of  election,  and  shall,  in 
addition,  be  competent  to  discharge  the  duties  of  the  office,  and  shall 
have  such  special  qualifications  as  may  be  specified  for  the  several  re- 
spective offices;  provided,  that  no  person  who  is  or  has  been  a  defaulter 
to  the  State,  county  or  city  shall  be  eligible  to  any  office  of  the  city. 

Article  374.  The  officers  of  the  city,  except  the  City  Treasurer,  shall 
be  elected  by  the  qualified  voters  of  the  city  at  a  regular  city  election  to 
be  held  on  the  first  Monday  in  April  of  each  odd  year;  provided,  that 
the  Aldermen  of  the  city  shall  be  elected,  one  from  each  ward  by  only 
the  qualified  voters  of  each  ward,  and  one  from  each  ward  by  the  qual- 
ified voters  of  the  entire  city. 

Article  375,  Every  male  inhabitant  in  the  city  qualified  to  vote  for 
State  and  county  officers  in  Travis  County  who  shall  have  resided  six 
months  in  the  limits  of  the  city  is  a  qualified  voter  for  the  officers  of  the 
city  within  the  meaning  of  the  preceding  article;  provided  that  no  per- 
son shall  vote  for  Alderman  unless  he  has  resided  for  thirty  days  next 
preceding  the  day  of  election  in  the  ward  in  which  he  proposes  to  vote. 


Eevised  Ordinances  of  the  City  of  Austin.  109 

II.     installation  of. 

Article  376.  The  Mayor  shall,  immediately  after  the  holding  of  an 
election,  issue  a  call  for  a  meeting  of  the  City  Council,  to  be  held  on  the 
Saturday  succeeding  such  election,  for  the  purpose  of  installing  the 
person  or  persons  elected,  except  a  contest  be  filed. 

Article  377.  The  City  Council  shall,  when  convened  as  provided  for 
in  the  preceding  article,  proceed  to  ascertain,  from  the  poll  books  of 
election  and  the  certificates  of  the  judges  of  election,  who  has  been 
elected  to  the  office  or  offices  in  question,  and  shall  install  the  person 
or  persons  elected,  and  have  same  take  the  oath  of  office;  and  said  oath 
of  office  may  be  administered  by  any  person  authorized  to  administer 
oaths. 

Article  378.  Each  of  the  officers  of  the  city  shall  be  installed  into 
their  respective  offices,  and  each  of  said  officers  shall  take  the  oath  of 
office  prescribed  by  the  Constitution  of  the  State  of  Texas,  and  in  addi- 
tion, such  special  and  additional  oath  as  may  be  specially  prescribed  for 
each  respective  office ;  and  each  of  said  officers  shall  hold  his  office  for  the 
term  of  two  years  and  until  his  successor  shall  have  been  elected  and 
qualified. 

Article  379.  No  city  officer  shall  be  allowed  to  qualify  or  requalify, 
if  he  succeeds  himself  in  office,  until  at  a  session  of  the  City  Council  to 
be  held  on  or  after  the  Saturday  next  succeeding  the  election,  which 
shall  in  all  cases  occur  on  Monday,  unless  his  opponent  in  the  election, 
or  all  opponents,  if  more  than  one,  shall  sooner  file  a  statement  with  the 
City  Clerk,  that  he  or  they  will  not  contest  the  election  of  his  or  their 
opponent,  naming  him.  If  prior  to  the  time  of  installing  newly  elected 
officers,  a  contest  of  his  election  is  filed  in  writing  with  the  City  Clerk, 
stating  the  grounds  for  the  contest,  he  shall  not  be  installed  until  such 
contest  is  determined;  provided,  that  all  contested  elections  shall  be  de- 
cided within  fifteen  days  from  the  date  of  election. 

III.      IMPERSONATION    OP. 

Article  380.  Whoever  in  this  city  shall  falsely  represent  himself  to 
be  an  officer,  or  shall  without  being  duly  authorized  by  the  city,  exercise, 
or  attempt  to  exercise  any  of  the  duties,  functions,  or  powers  of  an 
officer  of  the  city  government  or  obstruct  or  attempt  to  hinder  or  obstruct, 
resist  or  otherwise  interfere  with  any  city  officer  or  policeman  in  the 
discharge  of  his  official  duty,  or  attempt  to  prevent  any  city  officer  or 
policeman  from  arresting  any  person,  or  attempt  to  rescue  from  such 
officer  any  person  in  his  custody,  or  wear  any  badge  or  uniform  similar 
to  that  worn  by  policemen  of  this  city,  he  shall  be  deemed  guilty  of  a 


110  Eevised  Ordinances  of  the  City  of  Austin. 

misdemeanor  and,  upon  conviction,  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars. 

IV.      RECEIPT  FOR  PROPERTY. 

Article  381.  Each  officer  of  the  city  shall  be  required  to  give  his 
receipt  to  the  City  Clerk  for  all  property  under  his  charge,  or  used  by 
him,  who  shall  be  responsible  for  the  same^  and  shall  return  the  same  to 
the  city  or  to  his  successor,  when  his  time  of  office  expires.  Each  officer 
or  person  not  having  property  in  his  possession  or  under  his  charge,  shall 
at  once  report  the  same  in  writing  to  the  City  Clerk. 

Article  382.  Whenever,  by  expiration  of  term,  resignation  or  other- 
wise, the  duties  of  any  officer  of  this  city  shall  cease,  it  shall  be  his 
duty  to  turn  over  to  his  successor,  or  in  case  there  be  no  successor,  to  the 
Mayor  or  other  person  designated  by  the  City  Council,  all  the  books,  rec- 
ords, papers  and  appurtenances  of  his  office,  taking  receipt  therefor. 

V.      REPORTS  OF. 

Article  383.  All  officers  of  the  city  shall  make  monthly  reports  in 
writing  to  the  City  Council  at  the  first  regular  meeting  in  each  month, 
and  such  other  reports  as  they  may  from  time  to  time  be  required  by  the 
Mayor  or  City  Council  to  make;  and  also  annual  reports  of  the  con- 
dition and  business  of  their  offices,  of  the  property  of  the  city  in  their 
charge  or  use,  by  them,  and  its  condition,  at  the  first  regular  meeting  in 
December  of  each  year. 

VI.      ABSENCE  FROM  CITY. 

Article  384.  No  officer  of  the  city  nor  any  person  drawing  salary 
from  the  city  shall  absent  himself  from  the  city  for  a  longer  period  than 
three  days  at  any  one  time,  without  first  having  applied  for  and  re- 
ceived the  consent  of  the  City  Council;  provided,  that  if  the  Council 
be  not  in  session  at  the  time  same  is  desired,  the  Mayor  may  grant  leave 
of  absence  from  the  city  to  any  officer  for  a  period  not  exceeding  ten 
days;  this  article  shall  not  apply  to  Aldermen. 

vii.    resignation  of. 

Article  385.  Whenever  any  officer  of  this  city  desires  to  resign  his 
office,  he  shall  tender  his  resignation  in  writing  to  the  Mayor,  or,  the 
Mayor  being  the  one  wishing  to  resign,  to  the  City  Council  at  a  regular 
meeting  thereof,  who  may  accept  or  reject  the  same,  as  he  or  it  deems 
proper,  and  if  accepted,  the  Mayor,  or,  if  it  is  his  resignation  that  is  ac- 
cepted, the  City  Council  shall  at  once  appoint  some  suitable  person  to 
such  office  until  same  shall  be  regularly  filled;  such  vacancies  shall  be 


Revised  Oedinances  of  the  City  of  Austin.  Ill 

filled  as  vacancies  in  general  are,  provided  for  in  Articles  394-396,  in- 
clusive. 

VIII.      KEMOVAL   AND    SUSPENSION   OF. 

Article  386.  Any  officer  of  the  city  may  be  suspended  or  removed' 
from  office  for  any  incompetency,  wilful  violation  or  neglect  of  duty, 
misdemeanor  in  office,  or  for  any  misbehavior  or  malfeasance  in  office; 
provided,  an  Alderman  shall  not  be  removed  a  second  time  for  the  same 
oft'ense. 

Article  387.  Any  complaint  or  charge  made  by  any  person  or  per- 
sons, official  or  officials,  or  body  or  board,  against  any  officer  of  the  city 
charging  any  wrong  or  fault  inhibited  by  Article  386,  shall  be  filed  in 
the  City  Clerk's  office^  when  the  Mayor,  or  in  case  of  his  absence,  illness 
or  other  disabilities,  the  President  of  the  City  Council  shall  call  an  im- 
mediate meeting  of  the  City  Council  to  consider  same,  and  shall  lay  a 
copy  of  same  before  them,  and  shall  immediately  issue  or  cause  to  be 
issued  by  the  City  Clerk  a  written  notice  of  suspension  of  such  officer 
embodying  such  complaint  or  charge,  or  accompanied  by  a  true  copy  of 
same  certified  to  by  the  City  Clerk,  or  in  event  of  his  disability,  by  him- 
self and  noting  the  call  and  the  meeting  of  the  Council,  which  notice  he 
shall  sign;  and  he  shall  immediately  cause  such  notice  to  be  served  on 
such  officer  by  the  City  Marshal  or  any  policeman  of  the  City  of  Austin, 
and  service  thereof  shall  operate  as  a  suspension  from  office  of  such 
officer  until  such  complaint  or  charge  has  been  disposed  of,  and  only 
until  such  time;  provided,  that  only  the  Board  of  Aldermen  by  a  ma- 
jority vote  of  two-thirds  of  a  full  board  can  prefer  charges  against  an 
Alderman  for  any  wilful  violation  of  its  rules,  or  any  disorderly  behav- 
ior in  Council. 

Article  388.  In  case  the  City  Council  shall  resolve  to  investigate  the 
complaint  or  charge  made  as  provided  in  Article  386,  it  shall  at  once 
set  the  trial  of  such  officer  thereon  at  a  day  sufficient  to  allow  the  neces- 
sary preparation  and  service,  and  the  City  Attorney,  or  if  he  be  on  trial, 
an  attorney  of  Austin,  having  the  qualifications  for  City  Attorney,  who 
shall  have  been  appointed  by  the  Mayor  for  such  case,  shall  at  once 
prepare,  sign  and  present  a  written  complaint  embodying  the  charge  or 
charges  against  such  officer,  which  complaint  shall  be  filed  with  the  City 
Clerk,  when  a  true  copy  thereof  attested  by  the  City  Clerk  under  the  seal 
of  the  City,  accompanied  by  a  written  notice  from  the  City  Clerk  of  the 
date  and  hour  of  trial,  shall  be  served  on  such  officer  by  the  City  Marshal 
or  any  policeman  of  the  city,  at  least  five  whole  da3'^s  exclusive  of  day  of 
service  and  of  trial  before  the  trial  of  such  officer  shall  be  begun,  of 
which  service  the  written  return  of  the  officer  making  same  shall  be 
prima  facie  evidence. 

Article  389.  •  All  trials  of  any  officer  of  the  city  shall  be  by  the  Board 


112  Kevised  Ordixaxces  of  the  City  of  Austin. 

of  Aldermen  at  which  the  Mayor,  or  in  ease  of  his  absence,  illness  or 
other  incapacity,  the  President  of  the  City  Council,  shall  preside;  pro- 
vided that  the  Mayor  shall  have  no  vote-  and  that  the  President  of  the 
City  Council  shall  vote  only  as  an  Alderman. 

Article  390.  The  Board  of  Aldermen  shall  be  the  judge  of  what 
shall  constitute  incompetency,  wilful  violation,  or  neglect  of  duty,  mis- 
demeanor, misbehavior  or  malfeasance  in  office ;  provided,  that  violation 
or  neglect  of  duty  is  meant  a  transgression  or  disregard  of  the  plain  pro- 
visions of  any  law  or  ordinance  prescribing  a  duty  or  forbidding  an  act 
on  the  part  of  an  officer,  and  that  misdemeanor  in  office  or  malfeasance 
in  office  in  such  acts  or  omissions  on  the  part  of  the  officer  as  are  ex- 
pressly declared  so  to  be  by  law  or  ordinance. 

Article  391.  In  all  trials  of  any  officer  of  the  city  before  the  Board 
of  Aldermen  as  herein  provided,  the  city  and  such  officer  shall  be  entitled 
to  process  of  subpoena  and  attachment  to  compel  the  attendance  of 
witnesses  and  the  production  of  papers,  which  shall  be  issued  by  the 
City  Clerk  and  signed  by  the  IMayor,  or  in  case  of  his  absence,  illness  or 
inability  by  the  President  of  the  Council,  and  which  shall  be  served  by 
the  City  Marshal  or  any  policeman  of  the  city,  agreeably  to  the  laws  of 
the  State  of  Texas  regulating  such  process  in  the  courts  of  the  State  in 
criminal  cases — provided,  that  in  no  case  shall  the  City  of  Austin  be 
liable  for  or  pay  any  costs  of  issuance  or  service  of  such  process,  or  any 
fees  of  witnesses;  and  in  ever}'  such  trial  the  City  Attorney  shall  repre- 
sent the  cit}',  except  he  be  on  trial,  when  the  attorney  specially  ap- 
pointed by  the  Mayor  for  the  case  shall  represent  the  city,  and  the  officer 
being  tried  may  likewise  be  represented  by  counsel,  and  the  evidence 
shall  be  heard  by  the  Council,  and  not  by  any  subpart  thereof,  and  the 
accused  shall  have  the  right  to  be  present  and  to  have  counsel  present  and 
to  examine  and  cross-examine  any  witness ;  and  the  City  Clerk  shall  keep 
a  record  of  all  the  proceedings  thereof,  which  shall  be  spread  on  the 
minutes  of  the  City  Council;  and  all  such  trials  shall  be  conducted  in 
an  orderly  manner,  and  according  to  and  be  governed  by  the  laws  and 
rules  of  evidence  regulating  the  practice  and  procedure  of  the  courts  of 
the  State  of  Texas,  the  presiding  officer  directing,  deciding  and  enforcing 
same;  and  the  final  judgment  of  the  Board  of  Aldermen  shall  be  by 
ballot,  provided  that  the  decision  of  the  Board  on  all  incidental  questions 
arising  during  the  progress  of  any  trial  may  be  signified  viva  voce,  a  ma- 
jority to  prevail,  or  in  the  event  of  a  tie,  the  Mayor,  if  he  presides,  to 
decide. 

Article  392.  In  every  trial  of  any  officer  of  the  city  as  provided  for 
herein  the  Board  of  Aldermen  shall  render  a  final  judgment  therein, 
which  shall  be  spread  on  the  minutes  of  the  City  Council;  if  the  judg- 
ment is  that  such  officer  is  acquitted  of  the  charges  against  him,  he  is 


Revised  Ordinances  of  the  City  of  Austin.  113 

thereby  discharged  and  restored  to  duty,  but  if  a  two-thirds  majority 
vote  of  the  full  Board  of  Aldermen  is  to  sustain  the  charge  or  charges 
against  such  officer  he  is  thereby  convicted,  and  the  Mayor  or  the  Presi- 
dent of  the  Council,  if  then  acting  as  Mayor,  shall  immediately  give  . 
him  written  notice  thereof,  and  such  officer  is  thereby  removed  from  his 
office  and  same  made  vacant;  provided,  that  a  vote  to  sustain  by  a  less 
vote  than  two-thirds  of  a  full  Board  of  Aldermen  is  an  acquittal. 

Article  393.  If  after  his  election  any  Alderman  shall  remove  from 
the  ward  from  which  he  was  chosen,  and  any  other  officer  of  the  city  shall 
remove  from  the  city,  his  office  shall  thereupon  become  vacant. 

Article  394.  Whenever  any  vacancy  shall  happen  in  the  office  of 
Mayor  or  Alderman  within  six  months  before  time  for  holding  a  general 
election,  it  shall  be  filled  by  election  by  the  City  Council  of  some  person 
not  a  member  of  the  Council,  in  which  case  such  officer  shall  hold  office 
for  unexpired  term  of  office  only,  vacancies  occurring  in  said  office  more 
than  six  months  before  a  general  election  shall  be  filled  by  a  special 
election  by  the  qualified  voters  of  the  city. 

Article  395.  Whenever  any  vacancy,  whether  by  resignation,  re- 
moval, death  or  otherwise,  shall  happen  in  any  office  of  the  city,  except 
the  office  of  the  Mayor  or  of  an  Alderman,  it  shall  be  filled  by  election 
by  the  City  Council  of  some  person  not  a  member  of  the  Council;  pro- 
vided that  vacancies  in  those  offices  not  filled  by  election  of  the  voters 
in  the  first  instance,  shall  be  filled  in  the  same  manner  as  in  the  first 
instance. 

Article  396.  Officers  filling  vacancies  shall  hold  office  for  the  unex- 
pired term  of  office  only,  and  that  such  officer  shall  have  the  same  du- 
ties and  the  emoluments  of  the  office  like  as  the  officer  elected  to  such 
office  in  the  first  instance. 

CHAPTER  II. . 

THE  MAYOR. 

Article  397.  The  Mayor  shall  be  the  chief  executive  officer  of  the 
city,  and  he  shall  have  general  supervision  and  control  of  all  officers  of 
the  city,  and  may  at  any  time  examine  into  the  condition  of  their  offices, 
books,  papers,  accounts  and  records,  and  he  shall  require  of  said  officers 
reports  relative  to  their  respective  offices  when  same  is  required  by  law, 
and  he  shall  have  the  power  when  he  deems  it  necessary,  to  require  any 
officer  of  the  city  to  exhibit  his  accounts  and  other  papers,  and  he  mav 
demand  of  said  officers  any  information  relative  to  their  official  business 
and  the  manner  of  conducting  the  same,  and  it  shall  be  his  duty  to  make 
a  report  to  the  City  Council  in  writing  regarding  any  error  or  deficiency 
or  neglect  of  duty  that  he  may  discover,  and  the  City  Council  shall  be 
convened  at  once  for  this  purpose. 


114  Revised  Ordinances  of  the  City  of  Austin. 

Article  398.  The  Mayor  shall  sign  the  commission  and  appointments 
of  all  persons  elected  by  the  City  Council,  and  he  shall  sign  all  bonds, 
warrants  and  other  evidences  of  indebtedness  of  the  city;  and  also  all 
ordinances  and  resolutions  of  the  Citj'  Council,  except  in  case  of  ordi- 
nances and  resolutions  passed  over  his  objection  by  a  majority  of  two- 
thirds  of  a  full  Board  of  Aldermen ;  also  all  deeds,  except  tax  deeds,  con- 
tracts and  agreements  made  or  entered  into  pursuant  to  any  ordinance  of 
the  City  Council. 

Article  399.  The  Mayor  shall  keep  the  seal  of  the  city,  and  alone 
shall  have  the  right  to  afi&x  the  same  to  any  document,  except  as  herein 
otherwise  expressly  provided. 

Article  400.  The  Mayor  shall  preside  at  all  meetings  of  the  City 
Council  except  as  where  otherwise  provided  by  law,  and  shall  have  a  cast- 
ing vote  when  the  Council  is  equally  divided,  and  not  otherwise. 

Article  401.  It  shall  be  the  duty  of  the  Mayor  to  see  that  all  offi- 
cers of  the  city  shall  duly  and  legally  qualify  in  accordance  with  the 
charter  and  the  ordinances  of  the  city,  before  entering  upon  the  duties 
of  their  respective  offices;  also,  to  deliver  to  the  City  Attorney,  for  the 
purpose  of  taking  any  necessary  steps  relative  thereto,  any  process  or 
notice  of  any  legal  or  other  proceeding  against  the  city,  or  in  which  the 
city  is  interested  and  which  shall  have  been  served  on  him;  also,  at  any 
season  or  time  whenever  there  are,  in  his  opinion,  mad  or  rabid  dogs 
in  or  near  the  city,  and  the  public  health  or  safety  is  thereby  endangered, 
to  issue  his  proclamation  forbidding  the  running  at  large  of  any  dogs 
not  muzzled,  and  he  may  otfer  for  their  destruction  such  premium  as  he 
may  deem  proper;  and  he  may  require  any  and  all  policemen  to  destroy 
any  dog  found  at  large  in  violation  of  such  proclamation,  and  if  any  per- 
son shall  make  affidavit  before  the  Mayor  or  Recorder  that  any  dog  has 
bitten  or  attempted  to  bite  .any  person  in  this  city,  and  it  shall  appear 
that  the  person  so  bitten  or  attacked  was  not  at  the  time  trespassing  upon 
the  person  or  property  of  the  owner  or  keeper  of  such  dog,  it  shall  be  the 
duty  of  the  Mayor  to  direct  the  owner  or  keeper  of  such  dog  to  kill  the 
same,  or  to  remove  the  same  permanently  beyond  the  city  limits  within 
six  hours  from  the  time  of  service  of  such  notice ;  also  to  do  and  perform 
such  other  things  as  the  charter  and  ordinances  of  the  city  provide  and 
require. 

Article  402.  The  Mayor  shall,  three  days  before  the  first  regular 
monthly  meetings  in  February,  May  and  August,  and  on  the  twentieth 
day  of  October  in  each  year,  make  a  report  to  the  City  Council,  in  writ- 
ing, of  the  financial  condition  of  the  city,  including  the  amounts  coming 
in  from  all  sources,  and  the  amounts  paid  out  and  due  by  the  city,  and 
such  other  matters  as  may  be  of  interest  to  the  city ;  and  he  shall  from 
time  to  time,  communicate  to  the  City  Council  information  and  recom- 


Eevised  Ordinances  of  the  City  of  Austin.  115 

mend  such  measures  as  in  his  opinion  may  tend  to  the  improvement  of 
the  finances,  health,  ornament  and  general  prosperity  of  the  city. 

Article  403.  The  Mayor,  or  in  case  of  his  absence  or  incapacity,  the 
President  of  the  City  Council  shall  issue  all  proclamations  relating  to  the 
holding  of  any  elections  in  the  city  ordered  by  the  City  Council. 

Article  404.  The  Mayor  shall  take  care  that  the  laws  of  the  State 
and  the  ordinances  of  the  city  are  duly  enforced,  respected  and  observed 
within  the  city,  and  he  is  hereby  authorized  to  call  upon  every  male  in- 
habitant of  the  city  over  eighteen  years  of  age  and  under  the  age  of 
fifty  years,  and  the  City  Police  and  any  military  company,  to  aid  in 
enforcing  the  laws  and  ordinances  of  the  city,  and  any  person  who  shall 
not  obey  such  call  shall  forfeit  to  the  city  a  fine  not  to  exceed  two  hun- 
dred dollars. 

Article  405.  The  Mayor,  by  and  with  the  consent  of  the  City  Coun- 
cil, shall  have  the  power  to  remit  fines,  forfeitures  and  penalties,  and  to 
grant  reprieves  and  pardons  for  all  offenses  arising  under  the  ordinances 
of  the  city. 

Article  406.  The  Mayor  shall  have  the  power  to  take  any  secret 
measures  he  may  deem  necessary  for  the  detection  and  apprehension  of 
offenders  against  law  or  ordinance,  but  no  expenditure  of  money  for 
such  service  shall  be  made  without  the  consent  of  the  City  Council. 

Article  407.  The  Mayor,  for  the  purpose  of  effecting  the  removal  of 
paupers  from  the  city,  who  might  otherwise  become  a  greater  burden  to 
it,  shall  have  power,  by  the  consent  of  the  Council,  to  use  such  amounts 
of  money  therefor  as  may  be  necessary. 

Article  408.  The  Mayor  may,  using  a  sound  discretion,  order  the 
burial  in  the  city  cemetery  of  the  dead  body  of  any  pauper  or  person 
thrown  upon  the  care  of  the  city,  without  friends,  at  the  cost  of  the 
city. 

Article  409.  Accounts  for  the  detection  and  apprehension  of  of- 
fenders and  for  the  removal,  care  and  burial  of  paupers,  must  be  signed 
by  the  Mayor  as  correct  and  just,  and  paid  only  by  the  order  of  the 
Council. 

Article  410.  It  shall  be  the  duty  of  the  Mayor,  in  all  cases  of  sus- 
pension of  any  officer  of  the  city,  as  herein  provided,  to  appoint  some 
suitable  person  to  discharge  the  duties  of  such  office  during  the  inter- 
val between  the  suspension  of  such  officer  from  duty  and  his  restoration, 
or,  in  case  of  his  removal,  the  qualification  of  his  successor,  and  to  put 
such  person  so  appointed,  on  his  compliance  with  all  the  requirements 
of  the  charter  and  ordinances  prescribed  for  the  officer  regularly  elected 
to  such  office,  in  possession  of  said  office,  together  with  all  books,  papers, 
records  and  other  property  thereto  belonging. 

Article  411.     In  case  of  the  absence,  illness  or  other  temporary  disa- 


116  Revised  Ordinances  of  the  City  of  Austin. 

bility  of  the  Mayor  to  perform  the  duties  of  his  office,  the  President  of 
.the  Council  shall  discharge  all  the  duties  of  Mayor,  and  in  case  of  the 
death,  resignation  or  removal  of  the  Ma^'or,  the  President  of  the  Coun- 
cil shall  discharge  his  duties  and  receive  his  salary  from  the  time  of  such 
death,  resignation  or  removal,  until  a  successor  is  elected  and  qualified. 
In  event  of  the  suspension  of  the  Mayor,  such  President  shaU  discharge 
his  duties  during  the  period  of  such  suspension,  but  without  compensa- 
tion. 

Article  413.  The  Mayor  shall  have  power  to  solemnize  marriages 
and  to  administer  oaths  of  office. 

Article  413.  The  Mayor  shall  try  all  cases  of  violation  of  the  city 
ordinances. 

CHAPTER  III. 

the  city  marshal. 

Article  414.  In  addition  to  the  oath  required  of  all  officers  of  the 
city,  the  City  Marshal  shall,  before  he  enters  upon  the  duties  of  his 
office  take  an  oath  to  enforce,  within  the  city,  the  laws  of  the  State  of 
Texas  and  ordinances  of  the  city,  and  to  arrest  all  violaters  thereof  with- 
out fear  or  favor. 

Article  415.  Before  entering  upon  the  duties  of  his  office,  the  City 
Marshal  shall  enter  into  a  bond  payable  to  the  City  of  Austin  in  the 
penal  sum  of  two  thousand  ($2000)  dollars,  with  two  or  more  good  and 
sufficient  sureties,  conditioned  for  the  faithful  discharge  of  his  duties, 
said  bond  to  be  approved  by  the  City  Council. 

Article  416.  The  City  Marshal  shall  be  ex-officio  Chief  of  Police, 
and  shall  be  the  chief  police  officer  of  the  city  under  the  Mayor,  and  he 
shall  either  in  person  or  by  deputy  attend  upon  the  Mayor's  Court  while 
in  session,  and  upon  all  meetings  of  the  City  Council,  and  shall  prompt!}' 
and  faithfully  execute  all  writs  and  processes  issued  to  him.  He  shall 
have  like  power  with  the  sheriff  of  the  county  to  execute  the  writ  of 
search  warrant.  He  shall  be  active  in  quieting  riots,  disorders  and  dis- 
turbances of  the  peace  within  the  limits  of  the  city,  and  shall  take  into 
custody  all  persons  so  offending  against  the  peace  of  the  city,  and  shall 
have  the  authority  to  take  suitable  and  sufficient  bail  for  the  appearance 
before  the  Mayor's  Court  of  any  person  charged  with  an  offense  against 
the  ordinances  or  laws  of  the  city.  It  shall  be  his  duty  to  arrest 
without  warrant  all  violators  of  the  public  peace  and  all  who  obstruct 
or  interfere  with  him  in  the  execution  of  the  duties  of  his  office, 
or  who  shall  be  guilty  of  any  disorderly  conduct  or  disturbance  what- 
ever in  his  presence  or  <ipon  complaint  of  any  citizen.  To  prevent 
a  breaclv  of  the  peace,  or  preserve  quiet  and  good  order  he  shall  have 
authority  to  close  any  theater,  barroom,  drinking  house,  or  any  other 


Eevised  Ordinances  of  the  City  of  Austin.  117 

place  or  building  of  public  resort,  and  in  the  prosecution  and  sup- 
pression of  crime  and  arrest  of  offenders  he  shall  have,  possess  and  ex- 
ercise like  power,  authority  and  jurisdiction  as  the  sheriff  of  the  county 
under  the  laws  of  the  State.  He  shall  summon  the  Aldermen  to  all  meet- 
ings of  the  City  Council.  He  shall  perform  such  other  duties,  possess 
such  other  powers,  rights  and  authority  as  the  law  and  ordinances  re- 
quire and  confer. 

Article  417.  The  City  Marshal  shall  previously  recommend  and 
approve  all  appointees  to  the  office  of  Sergeant  of  Police  and  police- 
men, and  he  shall  prescribe  rules  for  the  government  of  the  police  force, 
and  cause  the  same  to  be  observed;  he  shall  see  that  each  policeman  is 
properly  armed  and  equipped,  in  accordance  with  regulations  and  as 
the  emergency  requires,  and  that  he  perform  faithfully  the  duties  re- 
quired of  him,  and  he  shall  report  monthly  the  time  served  by  each 
policeman,  the  time  absent  from  duty,  and  such  other  information  as 
he  deems  proper. 

Article  418.  The  City  Marshal  shall  at  all  times  have  and  exercise 
command  and  supervision  of  all  police  officers  of  the  city,  for  all  of  whose 
official  acts  he  shall  be  responsible,  and  under  the  supervision  of  the 
Miayor  and  City  Council,  he  shall  have  control  of  the  police  force  of  the 
city,  and  shall,  with  the  approval  of  the  Mayor,  have  the  power  to  sus- 
pend from  duty  or  remove  from  office  the  Sergeant  of  Police  and  any 
policeman  for  any  cause  to  them  just  and  sufficient ;  he  may  assign  each 
policeman  his  round  of  duty,  or,  if  he  deem  necessary,  use  the  whole 
force  in  any  one  place  in  the  suppression  of  crime  or  the  preservation  of 
the  peace. 

Article  419.  The  City  Marshal  or  the  Sergeant  of  Police  shall  make 
at  least  two  regular  rounds  during  the  day,  and  at  least  one  regular  round 
after  12  o'clock  at  night,  for  the  purpose  of  ascertaining  whether  or  not 
each  policeman  is  at  his  post  of  duty;  shall  see  that  each  policeman  goes 
on  duty  at  his  regular  hours,  and  that  the  policemen  while  on  duty  do  not 
cease  their  regular  rounds  to  talk  to  each  other,  or  to  others,  except  in  the 
discharge  of  their  duty,  and  generally  to  see  that  the  police  force  of  the 
city  perform  the  duties  assigned  them  in  a  proper  manner,  and  to  this 
end  the  City  Marshal  shall  keep  posted,  at  all  times,  at  police  headquar- 
ters printed  cards  containing  these  and  such  other  regulations  as  he  may 
deem  best  to  effect  a  complete  organization  and  discipline  of  his  force. 

Article  420.  Whenever  any  offender  has  been  arrested  as  provided 
for  by  ordinance,  it  shall  be  the  duty  of  the  Marshal,  or  other  officer 
having  the  offender  in  custody,  to  keep  him  in  such  manner  as  to  prevent 
his  escape,  until  such  time  as  he  shall  be  required  to  bring  such  offender 
before  the  court  for  trial,  and  such  officer  shall  be  responsible  for  the 
appearance  of  said  offender ;  but  any  person  who  has  been  guilty  of  a 


118  Revised  Ordinances  of  the  City  of  Austin. 

misdemeanor  may  be  released  on  giving  bond  for  his  appearance,  in  such 
sum  as  the  Mayor,  Recorder  or  City  IVtarshal  shall  determine,  with  good 
and  sufficient  surety,  to  be  approved  by  the  Marshal. 

Article  421.  Whenever  any  penalty,  fine  or  costs  shall  have  been 
imposed  for  a  violation  of  law  or  ordinance  in  this  city,  it  shall  be  the 
duty  of  the  City  Marshal  to  cause  the  same  to  be  enforced  and  collected, 
and  he  shall  be  responsible  upon  his  bond  for  such  collection;  and  in  no 
case  shall  he  discharge  or  release  from  custody  any  defendant  after  con- 
viction, until  the  fine  and  costs  assessed  against  such  defendant  have 
been  fully  paid ;  he  shall  make  a  monthly  report  to  the  City  Council  of  all 
cases  in  the  Recorder's  Court  upon  which  judgment  has  been  rendered, 
with  a  separate  statement  for  each  case,  containing  the  name  of  the 
party  against  whom  judgment  has  been  rendered,  the  character  of  the 
judgment,  the  amount  of  fines  assessed,  the  amount  collected,  the  amount 
worked  out  as  provided  for  elsewhere,  and  the  amount  uncollected  in 
each  case,  which  report  must  be  approved  by  the  Recorder,  so  far  as  it 
appears  on  his  docket. 

Article  423.  The  City  Marshal  shall  daily  pay  over  all  moneys  col- 
lected by  him  to  the  City  Assessor  and  Collector  upon  his  receipt  for  the 
same. 

Article  423.  The  City  Marshal  shall  report  to  the  Ciiy  Attorney  all 
breaches  of  the  peace,  crimes,  misdemeanors  or  violation  of  law  or  or- 
dinances which  may  in  any  manner  come  to  his  knowledge. 

Article  424.  The  City  Marshal  shall  report  all  nuisances,  or  other 
things  made  unlawful  by  law  or  ordinance,  to  the  proper  officer,  and  he 
shall  give  or  cause  to  be  given  the  alarm  of  fire  whenever  a  cause  exists 
therefor. 

Article  425.  The  City  Marshal  shall  have  the  power,  and  it  is  his 
duty,  to  arrest,  take  charge  of,  confine  or  bring  before  the  Recorder  for 
trial,  all  persons  found  violating  any  law  or  ordinance  in  this  city;  to  en- 
ter any  house,  enclosure,  or  other  place  where  any  breach  of  the  peace, 
crime  or  violation  of  law  or  ordinance  has  been,  is  being  or  is  about  to  be, 
committed,  and  arrest  the  offending  party;  he  may  convey  any  such  of- 
fending party  to  the  police  station,  or  other  place  of  confinement,  and  in 
such  cases  the  City  Marshal  shall  report  to  the  City  Attorney  the  cause 
of  arrest,  names  of  witnesses,  and  the  facts  connected  therewith. 

Article  426.  Whenever,  in  order  to  quell  riotous  or  disorderly  con- 
duct, to  make  any  arrest,  or  for  any  other  purpose  herein  provided  for, 
an  additional  force  may  be  found  necessary,  the  City  Marshal  or  any 
peace  officer  of  the  city  may  call  upon  any  inhabitant  of  this  city,  and 
require  his  aid  and  a88i8ta,nce ;  and  it  shall  be  unlawful  for  any  such  in- 
habitant, when  so  called  upon,  to  fail  or  refuse  to  give  such  aid  and  as- 
sistance as  required. 


Eevised  Ordinances  of  the  City  of  Austin.  119 

Article  427.  It  shall  be  unlawful  for  any  person  or  persons  to  ob- 
struct, prevent  or  interfere  with  the  City  Marshal,  or  any  other  peace 
officer  in  the  lawful  discharge  of  his  duty  within  the  limits  of  this  city. 

Article  428.  The  City  Marshal  shall  exercise  a  general  superintend- 
ence over  the  streets,  alleys,  bridges  and  other  public  places  in  this  city, 
and  over  the  property  of  the  city  not  in  charge  of  another,  and  over  the 
fire  cisterns,  water  plugs  and  fountains,  and  shall  cause  all  nuisances  or 
obstructions  to  be  removed  from  the  streets  or  other  public  places,  and 
from  time  to  time,  shall  report  to  the  City  Council  the  condition  of  the 
same,  and  of  any  property  of  the  city  needing  repairs,  and  he  shall  be  su- 
perintendent of  the  city  prison. 

Article  429.  The  City  Marshal  shall  make,  or  cause  to  be  made,  a 
careful  inspection  of  the  vaults,  sinks,  privies  and  water  closets  at- 
tached to  or  used  by  all  schools,  both  public  and  private,  within  the  City 
of  Austin,  at  least  once  in  every  thirty  days  during  the  time  such  schools 
are  in  session. 

Article  430.  The  City  Marshal  shall  require  all  such  vaults,  sinks, 
privies  and  water  closets  to  be  kept  in  a  clean,  healthy  condition  at  all 
times,  and  that  no  accumulation  of  filth  be  permitted. 

Article  431.  The  City  Marshal  shall,  when  necessary,  prescribe  and 
require  the  use  of  dry  dirt,  disinfectants  and  such  other  means  as  he  may 
deem  advisable  to  prevent  the  generation  of  disease  in  such  vault,  sink, 
privy  or  water  closet. 

Article  432.  When  any  vault,  sink,  privy  or  water  closet  belonging  to 
or  used  by  any  public  school  is  found  to  be  in  an  unclean  or  unhealthy 
condition,  it  shall  be  the  dutv  of  the  City  Marshal  to  immediately  give 
notice  thereof  to  the  principal,  or  teacher,  or  person  in  charge  of  such 
school,  and,  if  the  same  shall  not  be  placed  in  a  clean  and  healthy  condi- 
tion within  three  days  after  such  notice,  then  it  shall  be  the  duty  of  the 
City  Marshal  to  give  official  notice  of  such  fact  to  the  Board  of  Trustees 
of  the  public  schools,  through  the  President  of  the  board;  and  if  the 
same  shall  not  be  placed  in  a  clean  and  healthy  condition  within  three 
days  after  such  notice  to  the  Board  of  Trustees,  then  the  City  Marshal 
shall  make  due  report  thereof  to  the  City  Council. 

Article  433.  When  any  vault,  sink,  privy  or  water  closet  belonging 
to  or  used  by  any  private  school  or  institution  of  learning  is  found  to  be 
in  an  unclean  or  unhealthy  condition,  it  shall  be  the  duty  of  the  City 
Marshal  to  immediately  give  notice  thereof  to  the  president,  principal, 
proprietor,  teacher  or  person  in  charge  of  such  school  or  institute,  and  if 
the  same  shall  not  be  placed  in  a  clean  and  healthy  condition  within 
three  days  after  such  notice,  then  it  shall  be  the  duty  of  the  City  Marshal 
to  make  due  report  thereof  to  the  City  Council. 


120  Revised  Ordinances  of  the  City  of  Austin. 

CHAPTEE  IV. 

THE  city  clerk. 

Article  43-t.  The  City  Clerk  shall,  upon  entering  upon  the  duties  of 
his  office,  take  the  prescribed  oath  of  office  and  give  bond  with  two  or 
more  good  and  sufficient  sureties,  to  be  approved  by  the  City  Council,  in^ 
the  sum  of  one  thousand  dollars,  payable  to  the  City  of  Austin,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  his  office. 

Article  435.  It  shall  be  the  duty  of  the  City  Clerk  to  attend  all 
meetings  of  the  City  Council  and  to  keep  accurate  minutes  of  the  proceed- 
ings thereof  in  a  book  to  be  provided  for  that  purpose,  to  preserve  and 
keep  in  order  all  books,  papers,  documents,  records  and  files  of  said 
Council,  to  countersign  all  commissions  and  licenses  issued  by  the  ^layor, 
and  to  keep  a  record  of  them,  and  to  draw  all  warrants  on  the  Treas- 
urer, and  countersign  the  same,  and  to  keep  accurate  accounts  thereof  in 
a  book  provided  for  that  purpose. 

Article  436.  The  City  Clerk  shall  keep  posted  in  a  conspicuous 
place  in  the  Council  room  a  copy  of  the  estimate  provided  for  in  the 
charter,  and  shall  note  in  connection  therewith  the  aggregate  of  each  ap- 
propriation, ordinances  affecting  the  general  funds  passed  by  the  City 
Council  after  the  same  takes  effect. 

Article  437.  The  City  Clerk  shall  have  custody  of  all  ordinances 
of  the  city,  and  he  shall  record  all  ordinances  passed  by  the  City  Coun- 
cil in  a  book  which  he  shall  keep  for  that  purpose. 

Article  438.  The  City  Clerk  shall  have  custody  of  all  seals  of  the 
corporation,  and  shall  only  affix  the  same  to  the  obligations  of  the  city 
by  order  of  the  proper  authority  of  the  city. 

Article  439.  The  City  Clerk  shall  attest  all  city  bonds  or  other  in- 
struments of  like  nature  issued  by  order  of  the  City  Council  and  signed 
by  the  Mayor. 

Article  440.  The  City  Clerk  shall  keep  the  accounts  of  all  officers 
of  the  city  and  he  shall  make  an  entry  of  all  bills,  accounts  or  other 
evidence  of  indebtedness  presented  by  any  person  against  the  city  for 
payment,  provided  the  same  be  properly  approved,  in  a  book,  which 
he  shall  keep  for  that  purpose. 

Article  441..  The  City  Clerk  shall  make  monthly  report  to  the  City 
Council  of  the  condition  of  his  office,  and  also  such  other  reports  as  may 
from  time  to  time  be  required  of  him. 

Article  442.  It  shall  be  the  duty  of  the  City  Clerk  to  furnish  any 
person  applying  therefor,  certified  copies  of  any  of  the  papers  and  rec- 
ords of  his  office,  for  which  he  shall  demand  and  receive  from  such  per- 
son 80  applying,  for  the  use  of  the  city,  and  to  be  turned  over  to  the  City 
Treasurer,  a  fee  of  fifty  cents  per  one  hundred,  or  less  than  one  hundred 


Revised  Ordinances  of  the  City  of  Austin.  131 

words  of  the  paper  or  record  so  furnished  by  such  City  Clerk,  and  twenty- 
five  cents  for  each  certificate  without  seal,  and  fifty  cents  for  certificate 
with  seal;  provided,  that  no  fee  shall  be  charged  for  copies  furnished 
the  Mayor,  members  of  the  City  Council,  or  the  City  Attorney, 

Article  443.  The  City  Clerk  shall  provide  and  keep  in  his  office  a 
book  containing  an  itemized  list  of  all  personal  property  of  every  char- 
acter belonging  to  the  citv,  and  the  same  shall  be  so  kept  as  at  all  times 
to  exhibit  the  exact  condition  of  such  property,  and  in  whose  care  and 
custody  the  same  is. 

Article  444.  The  City  Clerk  shall,  on  or  before  the  first  day  of  Jan- 
uary of  each  year,  or  as  soon  thereafter  as  practicable,  make  out  and 
deliver  to  the  Assessor  and  Collector  a  full  and  complete  list  of  all  real 
estate  in  the  City  of  Austin  previoulsy  sold  for  taxes  and  bought  in  by 
the  city,  and  not  redeemed  as  allowed  by  law  and  ordinances. 

Article  445.  In  trials  before  the  City  Council  the  City  Clerk  shall 
attend,  shall  keep  a  record  of  the  proceedings,  and  shall  issue  and  attest 
all  notices  and  process  necessary  in  and  about  such  trials,  but  all  such 
notices  and  process  shall  be  signed  by  the  presiding  officer  at  such  trials. 

Article  446.  The  City  Clerk  shall  perform  such  other  and  further 
duties  as  law  and  the  ordinances  provide,  or  as  the  City  Council,  by  reso- 
lution or  otherwise,  may  require. 

CHAPTER  V. 

the  city  attorney. 

Article  447.  The  City  Attorney  shall  be  a  regular  licensed  lawyer, 
who  shall  have  received  his  license  to  practice  law  in  this  State  more  than 
five  years  before  his  election,  and  before  entering  upon  the  duties  of  his 
office  he  shall  take  the  prescribed  oath. 

Article  448.  It  shall  be  the  duty  of  the  City  Attorney  to  institute, 
prosecute,  defend,  generally  manage  and  attend  to  all  cases  and  suits  in 
any  court  in  the  State  wherein  the  city  may  be  a  party  in  interest  unless 
the  City  Council  otherwise  provides;  he  shall  attend  all  meetings  of  the 
City  Council  to  give  advice ;  he  shall  draw  all  ordinances  when  requested 
to  do  so  by  the  Mayor  or  any  Alderman,  and  inspect  and  advise  upon  all 
papers  and  documents  involving  any  interest  of  the  city ;  he  shall  be  the 
legal  adviser  of  the  Mayor,  the  City  Council  or  any  committee  or  board  of 
the  city  and  of  all  city  officers  and  authorities  upon  legal  questions  touch- 
ing their  official  duties,  and  shall  give  his  opinion  upon  all  legal  questions 
arising  under  the  city  government  whenever  called  upon  by  the  Mayor 
or  the  City  Council  so  to  do,  and  shall  advise  any  officer  of  the  city  upon 
any  legal  question  affecting  the  interests  of  the  city  that  may  be  referred 
to  him  at  any  time  by  such  officer.     He  shall  attend  before  the  City 


122  Revised  Ordixances  of  the  City  of  Austin. 

Council  upon  the  trial  of  any  officer  of  the  city  to  conduct  and  manage 
the  prosecution  thereof.  He  shall  attend,  either  in  person  or  by  deputy, 
daily  at  the  Recorder's  Court  for  the  purpose  of  prosecuting  all  cases 
in  said  court  arising  under  the  charter  and  ordinances  of  the  city.  He 
shall  prepare  and  draw  all  complaints  for  offenses  cognizable  in  the  Re- 
corders Court,  and  all  complaints  for  misdemeanors  against  the  Mayor, 
Aldermen  or  any  of  the  officers  or  agents  of  the  city.  He  shall  prepare 
all  subpoenas  and  attachments  for  witnesses,  and  shall  cause  all  neces- 
sary witnesses  to  be  summoned  on  the  part  of  the  prosecution  before  the 
Recorder's  Court  or  the  City  Council,  and  shall  have  full  power  and 
authority  to  administer  oaths  to  persons  making  complaints  before  the 
Recorder's  Court.  He  shall  draw  and  prepare  all  bonds,  contracts,  agree- 
ments, deeds,  eases  and  other  papers  of  like  nature,  which  may  be  made 
or  entered  into  by  the  city,  or  to  which  the  city  may  be  a  party.  He 
shall  perform  such  other  and  further  professional  duties  on  behalf  of  the 
city  as  may  from  time  to  time  be  required  of  him  by  the  City  Council. 

Article  449.  Whenever  he  shall  have  evidence  of  misdemeanor  in 
office  on  the  part  of  any  officer  of  the  city  the  City  Attorney  shall  imme- 
diately make  complaint  against  such  officer  and  provided  and  contem- 
plated in  those  ordinances  on  removal,  and  any  wilful  failure  or  refusal 
on  his  part  so  to  do  shall  be  deemed  a  high  misdemeanor. 

Article  450.  In  event  of  the  absence,  illness  or  other  incapacity  of 
the  City  Attorney,  the  Mayor  shall  appoint  a  competent  attorney  of  the 
city  to  discharge  the  duties  of  the  office,  who  shall  qualify  in  the  manner 
prescribed  for  the  City  Attorney  and  shall  hold  until  the  City  Attorney 
returns  or  his  incapacity  ceases,  or  his  successor  qualifies;  and  such 
appointee  shall  receive  the  salary  and  fees  of  the  City  Attorney  for  and 
during  the  period  he  shall  discharge  the  duties  of  the  office. 

CHAPTER  VI. 

THE  CITY  ASSESSOR  AND  COLLECTOR. 

Article  451.  The  City  Assessor  and  Collector  shall,  before  entering 
upon  the  duties  of  his  office,  take  the  oath  of  office  prescribed  for  all 
officers  of  the  city,  and  shall  give  a  bond,  payable  to  the  City  of  Austin, 
in  the  sum  of  thirty-eight  thousand  ($38,000)  dollars,  with  three  or 
more  good  and  sufficient  sureties,  to  be  approved  by  the  City  Council, 
conditioned  for  the  strict  account  and  pajnnent  of  all  moneys  that  may 
come  into  his  hands,  and  for  the  faithful  performance  of  all  his  duties 
that  are  or  may  be  imposed  upon  him  by  or  under  the  charter  or  ordi- 
nances of  the  city  or  by  order  of  the  City  Council. 

Article  452.  The  City  Council  may  require  of  the  City  Assessor  and 
Collector  a  new  bond  and  additional  or  other  sureties  whenever  in  their 


Eevised  Ordinances  of  the  City  of  Austin,  133 

opinion  the  existing  bond  is  insufficient,  and  whenever  such  bond  or  addi- 
tional sureties  is  required  the  Assessor  and  Collector  shall  perform  no 
official  act  until  such  new  bond  or  additional  surety  shall  have  been 
given  and  approved;  and  should  the  Assessor  and  Collector  fail  to  give 
a  new  bond,  or  additional  surety  when  required,  or  should  appear  to  be  a 
defaulter  to  the  city,  or  delinquent  in  the  performance  of  any  impor- 
tant duty,  or  shall  become  addicted  to  habitual  intemperance  or  gambling, 
or  shall  be  incompetent  to  discharge  his  official  duties  from  any  cause 
whereby  the  interests  of  the  city  may  be  jeopardized,  he  shall  be  re- 
moved from  office. 

Article  453,  The  Assessor,  after  entering  upon  the  duties  of  his 
office,  shall  devote  his  whole  undivided  time  to  the  discharge  of  his 
duties  until  the  assessment  is  finished  and  returned,  provided  by  ordi- 
nances and  laws  of  the  city. 

Article  454.  The  Assessor  and  Collector  may  appoint  one  or  more 
deputies  to  assist  him  in  the  assessment  and  collection  of  taxes,  who 
shall  take  the  oath  prescribed  by  the  Constitution,  and  may  require 
such  bond  and  security  from  the  person  so  appointed  as  he  deems 
necessary  for  his  indemnity,  and  he  shall  in  all  cases  be  liable  for  the 
proceedings  and  misconduct  of  his  deputies;  and  such  deputy  or  dep- 
uties shall  do  and  perform  all  the  duties  imposed  and  required  of  the 
Assessor  and  Collector,  and  all  their  acts  done  in  conformity  with  law 
shall  be  as  binding  and  valid  as  if  done  by  the  Assessor  and  Collector  in 
person. 

Article  455.  The  Assessor  and  Collector  may,  subject  to  the  ap- 
proval of  the  City  Council,  appoint  and  employ  an  assistant  in  his 
office  for  all  of  whose  acts  the  Assessor  and  Collector  shall  be  responsible 
on  his  bond.  Such  assistant  shall  receive  an  annual  salary  of  nine  hun- 
dred dollars,  payable  in  equal  monthly  pa5anents,  and  may  perform  any 
and  all  duties  which  may  be  performed  by  the  Assessor  and  Collector. 

Article  456.  It  shall  be  the  duty  of  the  Assessor  to  make  return  to 
the  Board  of  Appraisers  and  Equalization  on  or  before  the  first  Morjday 
in  June  of  each  year,  a  full  and  complete  assessment  of  property  within 
the  city. 

Article  457.  The  Assessor  shall  attend  the  meetings  of  the  Board  of 
Appraisers  and  Equalization,  and  furnish  all  the  information  in  his 
power  in  relation  to  the  property,  and  assessments. 

Article  458.  The  Assessor  and  Collector  hall  be  vigilant  and  see 
that  no  business  is  carried  on  without  the  license  or  occupation  tax  due 
thereon  shall  have  first  been  paid.  He  shall  be  vigilant  in  collecting  all 
delinquent  taxes,  and  enforce  their  collection  as  provided  by  the  charter 
and  ordinances. 

Article  459.     The  Assessor  and  Collector  shall  turn  over  to  the  City 


124  Revised  Ordinances  of  the  City  of  Austin. 

Attorney  for  suit  any  note  or  other  claims  of  any  kind,  except  tax  claims, 
which  he  is  unable  to  collect  and  can  be  collected  by  suit,  charging  the 
City  Attorney  with  same,  and  taking  his  receipt  therefor.  When  same 
shall  have  been  collected,  he  shall  credit  the  City  Attorney  with  such 
amounts,  and  the  City  Clerk  shall  also  charge  the  same,  and  keep  proper 
account  with  the  Assessor  and  Collector  and  the  City  Attorney. 

Aeticle  460.  It  shall  be  the  duty  of  the  City  Assessor  and  Collector 
to  take  the  scholastic  census  of  the  City  of  Austin  annually,  under  the 
direction  of  the  Board  of  Trustees  of  the  public  schools,  and  he  shall 
file  reports  of  same  as  required  by  law.  And  for  this  service  he  shall  be 
entitled  to  receive  the  compensation  provided  by  the  State  of  Texas,  and 
such  compensation  as  the  Board  of  Trustees  may  allow,  in  addition  to  the 
salary  allowed  by  the  city. 

Article  461.  The  Assessor  and  Collector  of  the  City  of  Austin  be 
and  is  hereby  required  to  keep  the  following  records,  towit : 

Section  1.  Daily  Eecord  of  Ad  Valorem  and  School  Taxes  Collected. 
— This  record  shall  contain  the  date,  name,  number  of  each  receipt  and 
tha  amount  of  ad  valorem  and  school  taxes  collected  each  day. 

Sec.  2.  Daily  Eecord  of  License  Taxes  Collected. — This  record  shall 
contain  the  date,  name  and  number  of  each  license  and  amount  of  same 
collected  each  day. 

Sec.  3.  Daily  Eecord  of  Miscellaneous  Collections. — This  record  shall 
contain  the  items,  ground  rents,  fines  and  costs  of  Recorder's  Court, 
sales  of  cemetery  lots  and  any  other  source  of  collections  not  provided 
for,  the  date,  name  and  amount  collected  each  day. 

Sec.  4.  Daily  Eecord  of  Collections  and  Deposits. — In  tliis  record 
should  be  posted  daily  in  the  proper  column  the  total  collections  of  each 
day  from  each  source  as  shown  in  each  of  the  preceding  daily  records, 
numbers  one,  two  and  three,  the  aggregate  amount  of  such  collections  and 
the  date  number  and  amount  of  each  treasurer's  receipt  on  account  of 
such  collections.    Each  page  will  contain  the  entries  for  one  month. 

Sec.  5.  Record  of  License  Taxes. — This  record  shall  contain  an  alpha- 
betical list  of  names  of  all  persons,  who  shall  have  paid  license  taxes  and 
shall  state  thereon  the  number  of  the  license,  the  period  of  time  the  busi- 
ness for  which  such  license  taxes  have  been  paid  and  the  amount  of  said 
license  taxes. 

Sec.  6.  Record  of  Real  Estate  and  Personal  Prc^erty  Sold  to  the  City 
and  Delinquent  Taxpayers. — This  record  shall  contain  an  alphabetical  list 
of  persons  whose  property  has  been  sold  and  bid  in  by  the  city  for  taxes, 
a  description  of  the  property  so  sold,  the  year  for  which  the  taxes  were 
due  and  the  amount  of  taxes  and  costs,  also  the  names  of  insolvent  tax- 
payers and  amounts  due  by  them. 

Sec.  7.    Record  of  Ground  and  Other  Rents. — This  record  shall  con- 


Eevised  Ordinances  of  the  City  of  Austin.  125 

tain  the  names  of  persons  renting  or  leasing  from  the  city  real  estate 
or  other  privileges,  the  period,  terms,  date  of  payment  and  amounts 
paid. 

Sec.  8.  Eecord  of  Cemetery  Lots  Sold.— This  book  shall  contain  the 
names  of  persons  who  have  purchased  cemetery  lots,  the  date  of  pay- 
ment, amount  paid  and  description  of  the  lots  or  parts  of  lots  purchased. 

Sec.  9.  Ledger. — This  record  shall  contain  separate  accounts  of  each 
of  the  various  items  of  collections,  which  must  be  posted  every  month 
from  record  number  four  (Daily  Collections  and  Deposits)  and  balanced 
at  the  close  of  every  fiscal  year.  All  credits  for  delinquent  and  insolvent 
taxes,  errors  in  assessments,  sales  of  property  for  taxes  of  previous  years, 
or  for  the  year  to  be  closed  and  all  other  credits,  after  being  submitted  in 
an  itemized  statement  and  approved  by  the  Finance  Committee  of  the 
City  Council  must  be  entered  upon  the  respective  accounts  prior  to  bal- 
ancing said  accounts  for  each  fiscal  year  and  said  itemized  statement 
shall  be  filed  with  the  City  Clerk  within  ten  days  after  making  said 
entries. 

Article  462.  The  records  above  prescribed  shall  be  kept  in  well 
bound  books  and  are  the  property  of  the  city. 

Article  463.  The  Assessor  and  Collector  shall  have  all  the  powers 
and  perform  all  the  duties  herein  provided  and  such  others  as  the  Coun- 
cil may  confer  and  prescribe. 

Article  464.  The  word  "assessor"  and  the  word  "collector"  wher- 
ever they  occur  shall  be  understood  to  mean  Assessor  and  Collector. 

CHAPTER  VII. 

the  city  treasurer. 

Article  465.  The  office  of  City  Treasurer  shall  be  let  by  contract 
to  the  highest  and  best  bidder,  in  the  discretion  of  the  City  Council,  and 
in  determining  the  highest  and  best  bidder,  the  highest  rate  of  interest 
to  be  paid  upon  daily  balances,  and  value  of  bond  tendered,  shall  be  the 
criterion  that  shall  decide.  The  Finance  Committee  of  the  City  Council 
shall,  within  ten  days  from  its  appointment  by  each  Council,  advertise 
three  days  successively  in  some  daily  newspaper  published  in  said  cit}' 
for  bids  for  said  office,  stating  in  the  advertisement  what  said  bids  shall 
specify,  including  the  rate  of  interest  on  daily  balances,  the  terms  on 
which  such  bids  shall  be  received,  and  the  time  when  same  shall  be 
opened.  Said  bids  shall  be  opened  and  examined  by  the  Finance  Com- 
mittee in  the  presence  of  the  Council  within  ten  days  after  the  last  in- 
sertion of  said  advertisement ;  and  said  committee  shall  thereafter  re- 
port to  the  City  Council,  at  its  next  regular  meeting,  what  bids  have  been 
made  and  the  recommendation  of  said  committee  as  to  which  of  said 
bids  is,  in  its  opinion,  the  highest  and  best  bid.     The  City  Council  shall 


126  Eevised  Ordinances  of  the  City  of  Austin. 

thereupon  at  the  same  meeting  proceed  to  pass  upon  said  bids  and  report 
and  elect  from  among  said  bidders  a  City  Treasurer.  The  Tl-easurer  ap- 
pointed by  contract  under  the  provisions  hereof  shall  nevertheless  be 
deemed,  for  all  purposes,  to  be  an  officer  of  said  city,  and  subject  to  the 
same  duties  and  liabilities  as  would  be  a  treasurer  otherwise  elected. 

Article  466.  Before  entering  upon  the  duties  of  his  office,  the  City 
Treasurer  shall  take  the  oath  of  office  prescribed  by  the  Constitution  of 
the  State  and  shall  enter  into  bond  with  three  or  more  good  and  solvent 
sureties,  to  be  approved  by  the  Mayor  and  City  Council,  in  the  sum  of 
fifty  thousand  ($50,000)  dollars,  payable  to  the  Mayor  of  the  City  of 
Austin,  and  his  successors  in  office.  Said  bond  to  be  conditioned  for  the 
faithful  discharge  of  his  duties  and  for  a  strict  account  and  payment  of 
all  moneys  that  may  come  into  his  hands,  and  for  the  faithful  perform- 
ance of  all  duties  imposed  upon  him  by  or  under  the  charter  or  ordinances 
of  this  city  or  by  order  of  the  City  Council. 

Article  467.  The  Treasurer  of  the  City  of  Austin  is  hereby  made  the 
ex-officio  Treasurer  of  the  Water,  Light  and  Power  Commission  of  the 
City  of  Austin :  and  as  such  Treasurer  for  said  Commission  he  shall  give 
bond  payable  to  the  City  of  Austin  and  subject  to  the  approval  of  the 
Commission,  in  a  sum  to  be  fixed  by  said  Commission,  and  not  less  than 
twenty-five  thousand  dollars,  conditioned  for  the  faithful  performance 
of  all  duties  devolving  upon  him  as  said  Treasurer  of  said  Commission ; 
any  guaranty  company  having  complied  with  the  provisions  of  the  laws 
of  Texas  in  that  respect  may  become  surety  upon  such  bond. 

Article  468.  In  the  event  of  the  death  or  insolvency  of  said  sureties, 
or  either  of  them,  it  shall  be  the  duty  of  the  Treasurer  to  immediately 
give  a  new  bond  of  like  amount  and  condition. 

Article  469.  The  City  Treasurer  shall  receive  and  securely  keep  all 
money  belonging  to  the  city,  and  shall  make  all  payments  of  same  upon 
warrants  of  the  Mayor,  attested  by  the  City  Clerk ;  and  he  shall  keep  a 
strict  account  of  all  moneys  received  and  paid  out  by  him.  He  shall 
render  a  full  and  correct  statement  of  his  receipts  and  disbursements  to 
the  City  Council  at  its  first  regular  meeting  in  each  month,  and  shall 
show  therein  the  balance  of  money  in  the  treasury  unappropriated,  and 
he  shall  at  any  time  when  required  by  the  City  Council,  the  Mayor  or  the 
Finance  Committee,  report  the  condition  and  amount  of  the  finance  of 
the  city,  and  shall  produce  vouchers  for  all  sums  of  money  paid  out  by 
him,  and  he  shall  render  such  additional  statements  concerning  the  con- 
duct of  his  office  as  the  Council  may  from  time  to  time  require. 

Article  470.  The  Treasurer  shall  make  quarterly  reports  of  the 
amount  and  condition  of  ihe  city  finances  to  the  Chairman  of  the  Fi- 
nance Committee  three  days  before  the  regular  meeting  of  the  City 
Council,  in  the  months  of  February,  May  and  August  in  each  year,  and 


Revised  Ordinances  of  the  City  of  Austin.  137 

also  a  full  report  for  the  whole  year,  commencing  on  the  twenty-first  day 
of  October,  stating  every  item  received  and  disbursed,  to  be  delivered  to 
the  Chairman  of  the  Finance  Committee  on  or  before  the  twentieth  day 
of  October  thereafter  in  every  year. 

Article  471.  The  City  Treasurer  of  the  City  of  Austin  shall  open  an 
account  to  be  known  as  the  "New  Coupon  Account,"  and-  shall  deposit  in 
said  New  Coupon  Account  all  money  appropriated  to  pay  interest  cou- 
pons on  refunding  bonds  of  the  City  of  Austin,  Texas,  which  became  due 
on  or  since  January  1,  1902,  and  which  have  not  been  paid  in  liquidation 
of  such  coupons  within  one  year  from  the  time  said  coupons  became  due. 

Article  473.  The  City  Treasurer  shall  carry  such  money  to  the 
credit  of  said  New  Coupon  Account  for  the  purpose  of  paying  such  cou- 
pons as  same  may  be  presented,  said  payments  to  be  made  by  an  appro- 
priation made  by  the  City  Council  for  that  purpose. 

Article  473.  It  shall  be  the  duty  of  the  City  Treasurer  to  make 
monthly  reports  to  the  City  Council  of  said  account. 

Article  474.  The  City  Treasurer  of  the  City  of  Austin  shall  open  an 
account  to  be  known  as  the  "Old  Coupon  Account"  in  which  he  shall 
deposit  all  money  appropriated  to  pay  interest  coupons  on  water  works 
and  electric  light  bonds  of  the  City  of  Austin,  Texas,  which  became  due 
on  or  prior  to  April  1,  1900,  and  which  has  not  been  paid  in  liquidation 
of  such  coupons. 

Article  475.  The  City  Treasurer  shall  carry  such  money  to  the 
credit  of  said  Old  Coupon  Account  for  the  purpose  of  paying  such  cou- 
pons as  same  may  be  presented,  said  payments  to  be  made  by  an  appro- 
priation made  by  the  City  Council  for  such  purpose. 

Article  476.  It  shall  be  the  duty  of  the  City  Treasurer  to  make 
monthly  reports  to  the  City  Council  of  said  account. 

Article  477.  The  Treasurer  shall  perform  such  other  acts  and  du- 
ties as  the  Council  may  require. 

CHAPTER  VIII. 

the  city  physician. 

Article  478.  The  City  Physician  shall  be  a  practicing  physician  in 
good  standing,  and  before  entering  on  the  duties  of  his  office,  shall  take 
the  oath  prescribed  for  all  officers  of  the  city. 

Article  479.  It  is  hereby  made  the  duty  of  the  City  Marshal  or  any 
member  of  the  police  force  to  promptly  call  upon  the  City  Physician  to 
treat  all  emergency  cases  of  accidents  to  persons  who  are  unable  by  rea- 
son of  injuries  to  call  upon  their  own  physician ;  and  it  is  hereby  made 
the  duty  of  the  City  Physician  to  respond  promptly  to  all  such  calls  and 
to  keep  the  police  department  advised  as  to  his  whereabouts  both  by  day 
and  niffht. 


138  Revised  Oedinances  of  the  City  of  Austin. 

Article  480.  The  City  Marshal  and  members  of  the  Police  Depart- 
ment are  hereby  prohibited  from  calling  in  or  engaging  on  behalf  of  the 
city  the  services  of  any  physician  other  than  the  City  Physician  in  any 
case  except  such  cases  as  those  in  which  the  City  Physician  can  not  by 
reason  of  being  in  attendance  upon  prior  emergency  calls  by  the  Police 
Department  be  had  in  time  to  save  the  injured  person  from  death  or 
serious  and  permanent  bodily  harm. 

Article  481.  The  City  Physician  shall  see  that  all  the  provisions  of 
the  ordinances  of  the  city  relative  to  health  are  strictly  complied  with, 
and  to  this  end  he  shall  have  power,  concurrent  with  thfe  City  IVrarshal, 
to  see  that  the  health  inspectors  and  policemen  perform  their  duty  faith- 
fully in  ascertaining  and  making  complaint  against  the  authors  of  all 
nuisances.  He  shall  superintend  the  city  hospitals,  visit  the  city  prison, 
and  take  charge  of  and  attend  all  cases  of  disease  or  accident  certified  to 
him  by  the  Mayor  as  demanding  medical  attention. 

Article  482.  It  shall  be  the  duty  of  the  City  Physician  whenever  in 
his  opinion  anything,  or  state  of  things,  in  this  city  is  or  may  become 
a  nuisance  and  dangerous  to  the  health  of  the  city,  to  certify  the  same 
to  the  Mayor,  who  shall,  if  necessary,  order  the  City  Marshal  to  cause 
the  same  to  be  removed,  corrected,  abated  or  destroyed ;  and  thereupon  it 
shall  be  the  duty  of  the  City  Marshal  to  notify  the  author  of  said 
nuisance,  or  the  person  owning  or  controlling  the  property  or  thing 
which  is  or  may  be  liable  to  become  a  nuisance,  to  remove,  correct  or 
abate  the  same,  and  in  case  of  the  refusal  or  failure  of  said  person  to 
comply  with  such  notice,  it  shall  be  his  duty  to  cause  the  same  to  be 
done,  calling  such  assistance  as  ma}'^  be  necessary  therefor,  and  all 
costs  attending  such  action  shall  be  charged  to  the  author  of  said  nui- 
sance, or  to  the  person  owning  or  controlling  the  property  on  which  the 
same  exists,  and  said  costs  shall  be  collected  as  other  costs;  provided, 
that  nothing  herein  contained  shall  be  so  constructed  as  to  prevent  a 
proceeding  against  the  same  party  or  parties  for  any  misdemeanor  of 
which  they  may  have  been  guilty  in  the  premises. 

Article  483.  It  shall  be  the  duty  of  the  City  Physician  to  keep  him- 
self advised  of  the  existence  of  any  pestilential,  contagious  or  infectious 
diseases  at  all  ports  or  other  places  within  the  State;  and  if  at  any 
time  there  may,  in  his  opinion,  be  danger  of  such  disease  being  introduced 
into  this  city,  he  may  require  the  owner,  driver,  conductor  or  person  or 
persons  in  charge  of  any  railway  car,  engine  or  train,  stagecoach  or 
wagon,  carriage  or  other  vehicle,  or  any  person  or  persons  whatever,  to 
remain  in  quarantine  at  such  place  or  places  and  for  such  period  as  the 
City  Council  may  direct,-' 

Article  484.  The  City  Physician  shall  prepare  and  file  with  his 
monthly  reports  hereafter  to  be  made  duplicate  copies  of  each  pauper 


Eevised  Ordinances  of  the  City  of  Austin,  129 

prescription  given  by  him  during  the  month  and  to  make  each  such  copy 
show  the  name,  age,  sex,  and  place  of  residence  of  the  person  for  whose 
benefit  it  was  given. 

Article  485.  The  City  Physician  may  establish  such  sanitary  regula- 
tions for  the  government  of  places  under  his  charge  as  he  may  deem 
necessary,  with  the  consent  of  the  City  Council,  and  it  shall  not  be 
lawful  for  any  person  to  violate  such  regulations  when  so  established,  nor 
at  any  time  to  interfere  with  or  hinder  the  City  Physician  in  the. dis- 
charge of  his  duty. 

Article  486.  The  City  Physician  shall  make  a  report  in  writing  to 
the  City  Council  at  the  first  regular  meeting  in  each  month  of  the  con- 
dition of  the  hospital,  and  of  the  names,  complaints,  diseases,  hurts  and 
condition  of  the  patients  therein. 

Article  487.  The  salary  of  the  City  Physician  shall  be  paid  in 
equal  monthly  installments. 

CHAPTER  IX. 
city  engineer. 

Article  488.  The  City  Engineer  shall  be  a  professional  surveyor 
arid  engineer,  and  competent  to  perform  the  duties  of  his  office,  and 
before  entering  upon  the  duties  of  his  office  he  shall,  in  addition  to 
taking  the  oath  prescribed  for  all  officers  of  the  city,  swear  well  and  im- 
partially to  discharge  his  duties,  and  he  shall  enter  into  bond  in  the 
sum  of  one  thousand  dollars,  payable  to  the  City  of  Austin,  and  with 
two  or  more  good  and  sufficient  sureties,  to  be  approved  by  the  City 
Council,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  and  he  shall  be  ex-officio  Street  Commissioner. 

Article  489.  The  City  Engineer  shall  have  an  office,  to  be  provided 
for  him  by  the  city;  provided,  that  he  shall  occupy  in  the  City  Hall 
free  of  cost  to  the  city. 

Article  490.  The  City  Engineer  and  ex-officio  Street  Commissioner 
shall  do  and  perform  such  acts  and  duties  as  are  provided  and  imposed 
by  law  and  the  ordinances,  and  as  the  Council  shall  direct. 

Article  491.  The  City  Engineer  shall  keep  suitable  records  of  all 
surveys  made  by  him,  showing  by  plans  of  the  lots  surveyed  how  the 
same  was  done;  also  suitable  records  of  the  grades  of  streets  and  alleys 
of  the  city,  and  shall  be  responsible  on  his  official  bond  for  all  his  acts; 
he  shall  not  absent  himself  from  the  city  without  the  consent  of  the 
City  Council,  and  he  shall  make  from  time  to  time  reports  to  the  City 
Council  of  all  work  done  by  him. 

Article  492.  The  City  Engineer  shall  receive  as  compensation  for 
his  services  for  making  any  survey  of  private  property  such  fees  as  he 


130  Eevised  Ordixaxces  of  the  City  of  Austin. 

may  by  agreement  with  the  person  requiring  the  same  be  entitled  to, 
not  to  exceed  the  fees  allowed  by  law  for  like  services,  in  addition  to 
his  salary. 

Article  493.  All  work  done  by  the  City  Engineer  shall  be  submitted 
to  and  approved  by  the  Street  Committee. 

Article  494.  When  making  surveys  and  inspections,  and  when  per- 
forming other  duties  required  of  him  by  the  city,  he  shall  be  furnished 
by  the  city  with  the  necessary  assistants  and  transportation,  to  be  paid 
him  in  like  manner  as  other  claims  against  the  city.  He  shall  also  be 
furnished  by  the  city  with  the  necessary  books,  stationery,  desk  and  stakes 
or  monuments  for  the  performance  of  his  duties. 

Article  495.  It  shall  be  the  duty  of  the  City  Engineer  to  establish 
throughout  the  city  initial  points  and  monuments,  at  least  one  to  each 
square  of  four  blocks,  and  from  such  points  to  extend  the  surveys  of  the 
city.  And  it  shall  also  be  his  duty,  when  called  upon  to  do  so,  to  locate, 
establish  and  survey  all  lines  of  property,  public  or  private,  in  this  city, 
and  to  make  all  surveys  and  calculations  for  grading  or  other  work  to 
be  done  on  streets,  alleys,  squares,  bridges,  culverts,  sewers,  and  other 
public  places  in  this  city;  provided,  that  when  any  line  of  any  street 
or  property  has  been  surveyed  and  located  by  the  City  Engineer,  the 
same  shall  not  be  changed  by  him  or  his  successors  without  good  cause 
shown  and  an  order  of  the  City  Council. 

Article  496.  The  City  Engineer  will  adopt  and  be  guided  bj  the 
plan  of  survey  and  plats  of  the  City  of  Austin,  as  kept  on  file  in  the 
General  Land  Office,  in  locating  the  lines  and  dimensions  of  any  prop- 
erty, and  width  of  any  street  and  other  public  places  in  this  city. 

Article  497.  The  City  Engineer  shall  have  supervisory  control  of 
all  streets,  alleys,  public  grounds  and  buildings  of  the  city,  and  shall 
superintend  all  changes,  repairs,  improvements  thereof  or  work  thereon. 

Article  498.  Whenever  it  shall  come  to  the  knowledge  of  the  City 
Engineer  that  any  street  or  alley  is  in  a  dangerous  or  impassable  condi- 
tion, or  that  any  alteration  or  repair  thereof  is  necessary,  he  shall  imme- 
diately report  such  fact  to  the  Mayor  in  \\Titing,  to  be  laid  before  the 
City  Council. 

Article  499.  The  City  Engineer  shalj  receive  an  annual  salary  of 
twelve  hundred  dollars  payable  in  equal  monthly  payments,  and  such 
fees  as  he  may  charge  and  receive  of  private  persons  as  allowed  by  law 
and  ordinances. 

Article  500.  The  City  Engineer  shall  make  monthly  reports,  in 
writing,  to  the  City  Council,  at  the  first  regular  meeting  thereof  in 
each  month,  of  the  condition  of  his  office  and  the  work  done  by  him 
and  under  his  direction  for  the  city;  he  shall  also  make  an  annual  re- 


Kevised  Ordinances  of  the  City  of  Austin.  131 

port  in  like  manner  with  other  officers  of  the  city,  and  such  other  re- 
ports as  may  from  time  to  time  be  required  of  him, 

CHAPTEK  X. 

THE  CITY  WATEE^  LIGHT  AND  POWER  COMMISSION. 

Article  501.  That  there  shall  be  a  board  designated  and  known  as 
"The  Austin  Water,  Light  and  Power  Conmiission  of  the  City  of  Aus- 
tin/' composed  of  four  commissioners,  possessing  the  qualifications  re- 
quired for  Mayor  of  said  city,  and  the  Mayor  of  the  City  of  Austin, 
who  shall  ex  officio  be  a  member  thereof.  Said  commissioners  to  be 
elected  by  the  qualified  voters  of  the  city  and  to  serve  without  compensa- 
tion, and  shall  hold  their  offices  for  a  term  of  two  years,  and  until  the 
election  and  qualification  of  their  successors.  They  shall  qualify  within 
twenty  days  after  their  election,  and  take  the  oath  prescribed  by  the  Con- 
stitution of  the  State. 

Article  502.  The  Board  and  their  successors  shall  take  and  hold 
possession  of  and  have  and  receive  general  exclusive  supervision,  man- 
agement and  control  of  the  system  of  waterworks,  electric  lights  and 
power  plants  of  the  City  of  Austin,  and  all  property,  funds  and  busi- 
ness belonging  or  appertaining  thereto;  and  it  shall  have  the  exclusive 
power  and  it  is  charged  with  the  duty  as  a  branch  of  the  city  govern- 
ment to  furnish  all  water,  light  and  power  adequate  to  the  requirements 
of  the  City  of  Austin  for  public  use,  and  for  such  compensation,  to  be 
paid  by  the  city  as  hereinafter  provided;  and  said  Board  shall  have  the 
power  to  make  and  enforce  any  and  all  contracts  deemed  proper  by  it, 
and  not  prohibited  by  law  or  this  act  in  connection  with  its  duties  and 
powers  hereby  given  it.  Said  Board  shall  further  have  the  power  and 
is  hereby  given  the  right  to  use  the  same  banks  of  the  Colorado  River 
within  the  limits  of  the  City  of  Austin  for  the  purpose  of  maintaining 
and  constructing  wells,  canals  and  such  other  improvements  as  may  be 
deemed  needful  by  the  Board  for  properly  carrying  on  its  business  in 
pursuance  of  its  powers  as  such  Board;  and  the  City  of  Austin  is  hereby 
invested  with  the  right  of  eminent  domain,  to  be  exercised  by  said  Board 
for  the  City  of  Austin,  in  the  acquisition  of  any  property  necessary 
for  the  maintenance  of  said  system,  and  shall  have  the  power  to  im- 
prove, extend,  add  to  or  change  said  system  under  its  control,  as  the 
Board  may  from  time  to  time  determine,  and  to  dispose  of  all  property 
not  needed  for  the  proper  management  of  the  plant  and  system. 

Article  503.  The  said  Commission  shall  have  the  power  to  em- 
ploy and  discharge  at  pleasure  the  persons  necessary  to  successfully 
operate  said  water,  light  and  power  system,  and  to  fix  salaries  and 
amounts  of  compensation  each  employe  shall  receive,   with   power  to 


133  Revised  Ordinances  of  the  City  of  Austin. 

reduce  or  change  such  compensation  at  its  pleasure;  and,  when  deemed 
necessary  by  it,  to  require  of  employes  such  bonds  as  may  be  deemed 
proper. 

Article  504.  That  said  Commission  shall  have  the  power  and  it 
shall  be  its  duty  to  make  and  enforce  all  rules  and  regulations  necessary 
for  the  protection  of  said  property  and  the  operation  of  said  business, 
and  to  fix  all  rates  and  charges  for  water,  light  and  power  to  be  paid 
by  all  consumers;  provided,  that  the  charges  to  be  paid  for  water  by 
the  city,  and  for  the  light  and  power  for  the  public  use,  shall  be  as 
follows:  For  each  fire  hydrant,  not  more  than  thirty  dollars  per  year; 
for  each  watering  trough,  not  miore  than  forty  dollars  per  year;  for 
flushing  gutters  and  supply  of  public  grounds  and  property  with  water, 
not  more  than  one  thousand  dollars  per  year.  For  water  used  by  the 
city  for  all  other  purposes,  and  for  lights  and  power  at  a  rate  not  to 
exceed  oue-lialf  of  the  meter  rates  fixed  from  time  to  time  for  other 
consumers  generally;  and  provided,  that  the  rates  charged  by  said 
Commission  shall  at  no  time  be  so  high  that  the  proceeds  exceed  in 
amount  a  sufficiency  to  pay  interest  and  sinking  fund  on  the  water  and 
light  bonds  of  the  City  of  Austin,  operating  expenses  and  general  ex- 
penses deemed  proper  for  the  benefit  of  the  system ;  and  the  Commission 
shall  have  the  power  and  it  is  its  duty  to  provide  the  method  and  fix 
the  time  when  payment  of  rates  and  charges  shall  be  made,  and  to 
receive  and  collect  all  money  due  from  said  system;  and  it  may  in  its 
own  name  institute  and  conduct  any  suits  in  the  courts  having  juris- 
diction thereof  for  the  collection  of  debts  due  it,  for  the  recovery  or 
protection  of  said  property  or  for  damages  thereto;  that  said  Commis- 
sion shall  keep  a  record  of  its  proceedings  and  a  list  of  rates,  both  of 
which  shall  be  subject  to  inspection  at  all  times  during  office  hours; 
and  it  shall  make  report  to  the  City  Council  quarterly,  showing  the 
revenues  and  expenditures  had,  made  and  contracted  for  during  the 
last  preceding  three  months,  and  at  the  end  of  each  fiscal  3'ear  a  report 
showing  additionally  the  condition  of  the  system,  the  property,  funds 
and  securities  which  have  come  into  its  hands  during  said  year  and  the 
disposition  thereof;  which  report  shall  be  audited  under  the  direction 
of  the  City  Council,  and  shall  be  published  in  such  manner  as  the  Coun- 
cil may  direct. 

Article  505.  That  the  Commission  shall,  at  the  first  meeting  after 
each  election  and  qualification  of  members  of  the  Board  elect  one  of 
their  members  president  and  another  vice-president,  who  shall,  unless 
they  sooner  vacate  the  same,  hold  their  offices  until  the  next  meeting 
of  the  Board  after  the  next-election  and  qualification  of  members  of  said 
Board ;  and  in  case  of  vacancy  in  either  position  the  Board  shall  elect 
from  its  members  a  member  to  fill  such  vacancy  for  the  unexpired  term. 


Eevised  Ordinances  of  the  City  of  Austin.  133 

Any  three  members  of  said  Board  shall  constitute  a  quorum  for  the 
transaction  of  business  in  regular  meeting  and  at  least  one  regular  meet- 
ing shall  be  held  each  month.  The  Board  shall  keep  on  file  vouchers- 
for  all  expenditures,  and  may  prescribe  such  further  rules  for  the  con- 
duct of  its  business  as  from  time  to  time  it  may  deem  proper;  pro- 
vided, that  no  money  shall  be  paid  out  except  after  appropriation  made 
therefor  at  a  regular  meeting  of  said  Commission;  and  provided,  that 
the  Treasurer  shall  only  pay  out  money  upon  the  draft  against  such 
appropriation  of  the  president  or  vice-president,  if,  under  the  rules 
of  the  Commission  he  is  acting  for  the  president,  and  no  other  mem- 
ber of  the  Commission;  and  providing  further  that  the  revenue  arising 
from  the  said  water,  light  and  power  plant  shall  be  applied  by  said  Com- 
mission :  First,  to  the  payment  of  the  current  expenses  of  the  business, 
and,  second,  to  all  reasonable  improvements  and  additions  to  said  system, 
and,  third,  the  surplus  shall  be  transferred  by  the  Commission  to  the 
interest  and  sinking  fund  of  the  water  and  light  bonds  of  the  City  of 
Austin.  Such  transfer  to  be  made  at  least  ten  days  prior  to  the  time 
at  which  any  installment  of  the  interest  or  sinking  fund  shall  become 
due  and  payable  upon  the  water  and  light  bonds  of  said  city,  toward 
the  payment  of  which  such  surplus  fund  shall  be  applied,  and  it  shall 
be  the  duty  of  said  Commission  at  least  thirty  days  prior  to  the  annual 
levy  of  taxes  by  said  city  to  report  to  the  City  Council  an  estimate  of 
such  surplus  for  the  year  for  which  taxes  are  to  be  levied. 

Article  506.  The  said  Commission  shall  have  a  seal  with  its  name 
inscribed  thereon,  which  shall  be  kept  by  the  person  designated  by  the 
Commission  as  secretary,  and  copies  of  all  records  and  official  books  and 
accounts  of  the  said  Commission,  certified  under  the  hand  of  the  presi- 
dent and  attested  by  its  secretary  and  seal,  shall  be  admitted  in  evidence 
in  all  courts. 

Article  507.  The  Commission  may  lease  any  surplus  of  power  for 
such  periods  of  time  not  exceeding  twenty  years  and  for  such  prices  as 
it  may  deem  expedient,  subject  always  to  the  right  of  the  city,  the  use  of 
sufficient  water  to  properly  operate  the  plant;  provided,  that  all  con- 
tracts for  the  lease  of  such  power  or  any  part  thereof  shall  contain 
stipulations  fixing  the  time  within  which  such  power  shall  be  used  and 
for  what  purpose,  and  that  the  right  to  use  the  same  shall  be  forfeited 
upon  the  failure  to  use  the  same  within  the  time  stipulated  in  such  con- 
tract for  the  purpose  therein  specified,  or  for  the  abandonment  of  the 
usage  of  the  same  for  a  period  to  be  specified  in  such  contract,  or  for 
sub-leasing  or  assigning  the  same  or  parts  thereof,  or  charging  others  for 
the  use  thereof  without  the  written  consent  of  said  Commission,  or  for 
failure  to  pay  for  same  at  such  time  as  may  be  fixed  for  the  payment  in 
such  contract,  and  the  contract  shall  provide  that  the  Commission  may 


134  Revised  Ordinances  of  the  City  of  Austin. 

discontinue  the  supply  of  power  to  such  lessees  whenever  in  its  discretion 
it  may  be  necessary  to  do  so,  in  order  that  said  system  may  be  properly 
operated;  and  such  lessees  shall  not  have  a  right  of  action  against  the 
City  of  Austin  for  any  damages  arising  out  of  such  discontinuance,  bui 
shall  be  entitled  to  a  proportionate  rebate  on  their  contract  price  for 
such  power. 

Article  508.  That  it  shall  be  unlawful  for  any  Commissioner  to 
be  interested  either  directly  or  indirectly  in  any  contract  or  transaction 
by  said  Commission  with  any  person  or  persons  or  in  the  purchase  of 
any  material  or  supplies  made  by  such  Commission. 

Article  509.  If  any  person  shall  wilfully  do  or  cause  to  be  done  any 
act  whereby  any  work,  material  or  property  whatever,  erected  within 
or  without  the  City  of  Austin,  or  used  by  the  Board  or  by  any  person 
acting  under  its  authority,  for  the  purpose  of  securing  or  keeping  a 
supply  of  water,  light  or  power,  shall  be  injured,  he  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  ten  dollars  and  not  exceeding  two  hundred  dollars. 

Article  510.  That  if  any  person  without  the  written  consent  of 
the  Commission,  or  its  agents  duly  thereunto  authorized,  shall  perforate, 
bore,  or  cause  to  be  perforated  or  bored,  any  distributing  pipe,  main  or 
aqueduct,  or  cut,  remove  or  otherwise  injure  any  pole  or  attachment 
to  either,  or  shall  wilfully  injure  any  reservoir  or  other  appliances  or 
machinery  used  as  a  part  of  or  in  connection  with  the  said  water,  light 
and  power  plant  or  system,  or  make  or  cause  to  be  made  any  connection 
with  said  pipe,  aqueduct  or  works  or  appliances,  without  such  written 
authority  previously  obtained,  the  person  so  offending  shall  be  guilty  of 
a  misdemeanor,  and  shall  upon  conviction  thereof  be  punished  by  a 
fine  of  not  less  than  ten  dollars  nor  more  than  two  hundred  dollars. 

Article  511.  No  prosecution  herein  provided  shall  preclude  the 
Commission  from  recovering  damages  in  any  civil  action. 

CHAPTER  XI. 
the  city  aldermen. 

Article  512.  The  local  Alderman  and  the  Alderman  at  large  from 
the  seven  different  wards  of  the  city  shall  constitute  a  Board  of  Alder- 
men. 

Article  513.  Each  Alderman,  before  entering  upon  the  duties  of 
his  office,  shall  take  the  oath  prescribed  by  the  Constitution  of  the  State 
of  "Jexas. 

Article  514.  Each  Alderman,  in  addition  to  his  other  qualifica- 
tions as  an  officer  of  the  city,  shall  have  been  a  bona  fide  resident  of 
the  ward  for  which  he  is  elected  for  the  last  thirty  days  preceding  the 


Revised  Ordinances  of  the  City  of  Austin.  135 

election,  and  before  entering  on  the  duties  of  his  office  the  Alderman 
shall,  in  addition  to  the  oath  of  office  prescribed  for  all  officers,  take 
oath  that  he  will  faithfully  discharge  the  duties  of  his  office. 
■      Article  515.     If  any  Alderman,  after  his  election,  shall  remove  from 
the  ward  for  which  he  was  chosen,  his  office  shall  thereby  become  vacant. 

Article  516.  Should  a  vacancy  in  the  office  of  Alderman  of  any 
ward  occur  by  reason  of  his  death,  resignation,  removal  or  expulsion, 
it  shall  be  the  duty  of  the  Mayor  to  immediately  order  an  election  to  fill 
such  vacancy,  first  giving  such  notice  as  is  required  in  cases  of  general 
elections  in  this  city.  And  all  such  special  elections  shall  be  conducted 
in  the  same  manner  and  under  the  same  regulations  and  requirements 
as  are  provided  in  cases  of  general  elections. 

Article  517.  Any  Alderman  knowing  of  any  violation  of  duty  on 
the  part  of  any  officer  of  the  city  shall  promptly  report  the  same  in 
writing  to  the  Mayor,  except  the  offender  be  the  Mayor,  when  he  shall 
report  same  to  the  President  of  the  Council,  and  a  wilful  failure  or  re- 
fusal to  make  such  report  shall  constitute  a  high  misdemeanor. 

Article  518.  Any  Alderman  knowingly  voting  for  any  appropriation 
whereby  any  debt  shall  be  created  in  violation  of  the  charter  he  shall 
be  deemed  guilty  of  a  high  misdemeanor. 

CHAPTER  XII. 

other  officers  of  the  city. 

I.    generally. 

Article  519.  The  City  Council,  at  the  first  regular  meeting  after 
every  general  election  for  Mayor  and  Aldermen  of  the  City  of  Austin, 
shall  proceed  to  elect  such  other  officers,  servants,  agents  and  employes 
of  the  city  as  are  authorized  and  may  be  required,  and  election  of  which 
is  not  otherwise  prescribed,  and  shall  fix  the  salaries  of  such  other 
officers,  servants,  agents  and  employes  of  the  city,  when  not  otherwise 
provided  for,  which  shall  not  be  diminished  during  their  terms;  and 
such  officers  and  employes  may  be  suspended  or  removed  for  like  causes 
and  in  like  manner  as  other  officers  are. 

II.      POLICE   FORCE. 

Article  520.  The  police  force  of  the  City  of  Austin  shall  consist 
of  the  City  Marshal,  one  Police  Sergeant,  six  mounted  policemen  and 
nine  footmen,  two  of  said  nine  footmen  shall  be  appointed  as  clerks,  and 
of  such  other  special  policemen  as  are  appointed  under  the  ordinances, 
and  as  may  from  time  to  time  be  provided  for  by  the  Council. 

Article  521.  All  policemen  shall  be  qualified  voters  of  and  resi- 
dent citizens  in  the  State  of  Texas  and  City  of  Austin,  and  shall  be  men 


136  Eevised  Ordinances  of  the  City  of  Austin, 

of  good  moral  character  and  sound  physical  condition;  and  also  such 
other  special  policemen  as  may  from  time  to  time  be  deemed  necessary 
to  procure  and  maintain  the  good  order,  safety  and  peace  of  the  city 
and  its  inhabitants;  provided,  that  all  special  policemen  shall  possess 
the  qualifications  required  of  a  regular  policeman  of  the  city.  Police- 
men shall  hold  their  office  for  the  term  of  one  year,  and  until  their 
successors  are  chosen  and  qualified,  unless  sooner  suspended  by  the 
Mayor  and  Marshal. 

Article  522.  The  policemen  shall  be  appointed  by  the  Marshal  and 
confirmed  by  the  Council,  but  the  right  of  confirmation  shall  not  be 
held  to  give  the  right  of  substituting  other  names  in  the  place  of  those 
nominated,  nor  shall  a  man  once  rejected  be  presented  again  within  six 
months.  Any  policeman  who  shall  take  any  part  in  any  election, 
whether  city,  county.  State  or  National,  other  than  voting,  shall  forfeit 
his  position,  and  the  Council,  upon  proof,  shall  so  declare,  and  the 
vacancy  shall  be  filled  as  in  case  of  first  appointment. 

Article  523.  The  City  Marshal  shall  have  the  right  to  appoint  from 
time  to  time  from  the  regular  policemen  of  the  city  a  Police  Sergeant, 
and  prescribe  the  duties  of  such  officer. 

Article  524.  The  Police  Sergeant  shall  receive  a  salary  of  ninety 
dollars  per  month,  mounted  policemen  a  salary  of  seventy-five  dollars 
per  month  each,  and  footmen  a  salary  of  sixty-five  dollars  per  month 
each,  except  the  footman  acting  as  day  clerk,  who  shall  receive  a  salary 
of  eighty-five  dollars  per  month. 

Article  525.  The  Mayor  and  City  Marshal  of  the  City  of  Austin 
shall  have  power  to  appoint  special  policemen  for  said  City  of  Austin. 

Article  526.  Said  appointment  of  any  special  policemen  shall  be 
by  written  appointment  and  shall  be  concurred  in  by  both  the  Mayor  and 
City  Marshal  of  the  City  of  Austin. 

Article  527.  Said  special  policeman  shall  have  the  powers  of  a 
regular  policeman  of  the  City  of  Austin,  but  he  shall,  when  making  an 
arrest,  on  demand,  exhibit  his  written  appointment,  and  shall  be,  when 
on  duty,  under  the  direct  supervision  and  control  of  the  City  Marshal. 

Article  528.  No  special  policeman,  except  when  on  regular  duty  in 
lieu  of  one  of  the  regular  policemen,  shall  draw  any  salary  from  the 
City  of  Austin  for  any  services  performed  by  said  special  policeman 
acting  as  such  officer. 

Article  529.  The  number  of  said  special  policemen  that  shall  \ye 
appointed  for  the  City  of  Austin  shall  not  exceed  ten,  except  as  provided 
by  the  Council  in  cases  of  emergency,  and  the  Mayor  and  City  Marshal 
of  the  City  of  Austin  shall  have  the  right  to  revoke  any  and  all  com- 
missions of  appointment  of  special  officers  at  any  time  without  assign- 
ing reasons  for  revoking  said  comanissions. 


Eevised  Ordinances  of  the  City  of  Austin.  137 

Article  530.  Xo  special  officer  appointed  by  the  provisions  of  the 
preceding  articles  shall  be  permitted  to  carry  arms  except  when  actually 
on  duty  in  the  discharge  of  his  duties  as  such  special  officer. 

Article  531.  Before  entering  upon  their  duties  the  Sergeant  of 
Police  and  all  policemen  shall  take  the  oath  prescribed  for  city  officers, 
and,  in  addition,  an  oath  to  obey  all  orders  of  their  superior  officers, 
and  to  enforce  all  laws  and  ordinances  now  or  hereafter  to  be  in  force. 

Article  532.  The  police  force  of  the  city  shall  at  all  times  be  under 
the  command,  cqntrol  and  supervision  of  the  City  Marshal,  who  shall 
be  responsible  for  all  their  acts,  and  they  shall  at  all  times  obey  any 
order  given  by  him.  In  event  of  the  absence  from  the  city,  illness,  or 
other  inability  of  the  City  Marshal  to  act,  the  Sergeant  of  Police  shall 
command,  control  and  supervise  the  police  force. 

Article  533.  The  Marshal  shall  prescribe  rules  and  regulations  for 
the  government  of  the  police,  and  such  rules  and  regulations,  when  ap- 
proved by  the  Mayor  and  City  Attorney,  shall  be  printed  and  a  copy 
furnished  to  the  Sergeant  of  Police  and  each  policeman  for  their  guid- 
ance and  instruction. 

Article  534.  It  shall  be  the  duty  of  the  City  Marshal  to  have  the 
rules  and  regulations  prescribed  for  the  government  of  the  city  police 
force  read  to  every  member  of  the  police  force  at  least  once  each  month ; 
and  it  is  further  made  the  duty  of  the  Marshal  on  such  occasions  to 
publicly  instruct  the  members  of  said  force  as  to  their  official  duties 
under  the  State  laws  and  city  ordinances. 

Article  535.  The  failure  of  the  City  Marshal  to  obey  the  pro- 
visions of  this  ordinance  shall  constitute  malfeasance  in  office,  and 
shall  be  good  ground  for  his  impeachment  and  removal  from  office; 
and  no  policen*an  shall  be  hereafter  excused  for  any  violation  of  his 
official  duty,  and  particularly  for  failure  to  enforce  the  law  and  the 
city  ordinances  because  of  any  claim  that  he  is  ignorant  of  the  pro- 
visions thereof. 

Article  536.  The  Sergeant  of  Police  and  all  policemen  shall  be 
at  all  times  when  on  duty  orderly,  prompt  and  polite. 

Article  537.  It  shall  be  he  duty  of  each  and  every  policeman  of 
this  city  at  all  times  to  preserve,  to  the  best  of  his  ability,  order,  peace 
and  quiet,  to  enforce  strict  obedience  to  the  laws  of  the  State  and  the 
ordinances  of  this  city,  and  to  guard  the  public  health;  and  each  and 
every  policeman  of  this  city  shall  have  power  and  authority,  whether 
on  duty  or  not,  at  or  in  any  place  in  this  city,  to  arrest,  take  charge  of, 
confine  or  bring  before  the  Recorder  for  trial,  any  and  all  persons  in 
this  city  violating  any  law  or  ordinance  whatever,  or  aiding  or  abetting 
any  such  violation,  or  being  found  under  suspicious  circumstances. 

Article  538.     Where  any  policeman  is  detailed  to  any  special  duty. 


138  Revised  Ordinances  of  the  City  of  Austin. 

as  in  the  health  or  other  departments,  or  otherwise,  he  shall  not  thereby 
be  relieved  or  deprived  of  his  duties  as  a  policeman  while  on  or  off  such 
special  duty,  and  these  and  all  policemen  must  at  all  times,  whether  on 
duty  or  not,  be  prepared  to  act  immediately  if  their  services  are  re- 
quired. 

Article  539.  It  shall  be  the  duty  of  any  policeman,  on  the  alarm  of 
fire  being  given,  to  ring  or  cause  to  be  rung  the  fire  alarm  bell  of  the 
city,  or  other  bell,  in  such  manner  as  is  elsewhere  provided  for. 

Article  540.  Whenever  an  arrest  is  made  and  the  party  arrested 
shall  have  on  or  about  his  or  her  person  any  deadly  weapon,  or  other 
property,  or  money,  it  shall  be  the  duty  of  the  officer  making  the  arrest 
to  take  charge  of  the  same  and  report  and  turn  over  the  same  to  the 
Marshal,  or  other  officer  designated  by  the  Council,  who  shall  hold  the 
same  subject  to  any  order  the  court  may  make. 

Article  541.  If  any  property  so  taken  shall  remain  in  the  custody  of 
the  city  for  a  period  of  six  months  without  any  lawful  claimant  therefor, 
the  same  shall  be  sold  at  public  outcry  by  the  City  Marshal,  after  due 
notice,  and  the  proceeds  paid  into  the  city  treasury. 

Article  542.  It  shall  be  the  duty  of  any  and  all  policemen  of  this 
city  to  see  that  free  passage  for  persons,  animals  and  vehicles  is  at  all 
times  preserved  on  the  streets,  pavements,  or  other  public  places  in  the 
city;  to  protect  the  rights  of  persons  and  property,  and  to  assist,  ad- 
vise and  protect  children,  females,  emigrants,  passengers  and  strangers. 

Article  543.  It  shall  be  the  duty  of  each  and  every  policeman,  or 
other  officer  of  this  city,  on  making  an  arrest,  or  becoming  cognizant 
of  any  violation  of  law  or  ordinance  in  this  city,  to  report  the  same, 
with  a  list  of  the  witnesses  for  the  city  or  State,  at  the  earliest  practi- 
cable moment,  to  the  City  Attorney,  notwithstanding  any  extenuating  or 
hindering  circumstances  whatever  which  may  thereafter  arise. 

Article  544.  Such  number  of  policemen  as  may  be  deemed  by  the 
Mayor  and  City  Marshal  sufficient  to  effect  a  complete  patrol  of  the 
city  shall  be  mounted,  and  shall  be  kept  on  duty  at  night. 

Article  545.  Hereafter  each  and  every  street  electric  railway  com- 
pany incorporated  and  doing  business  within  the  City  of  Austin  shall 
transport  free  of  charge  each  and  every  regular  policeman  and  each 
and  every  fireman  of  the  City  of  Austin  when  on  actual  duty. 

Article  546.  The  regulation  uniform  of  the  Chief  of  Police  and 
all  other  police  shall  be  as  follows:  Navy  blue  suits  (sack  coats),  brass 
police  buttons;  that  the  pants  or  pantaloons  shall  have  a  white  cord  on 
the  outer  seam,  and  there  shall  be  a  white  cord  on  and  around  the  cuffs 
of  the  coa,t ;  that  all  footmen  shall  wear  gray  helmet  hats  with  suitable 
police  badge  or  emblem  on  the  front  thereof;  that  the  mounted  police 
shall  wear  gray  helmets  the  same  as  those  worn  by  the  footmen,  with 


Revised  Ordinances  of  the  City  of  Austin.  139 

suitable  cord  and  police  badge  in  front;  that  all  foot  police  shall  at  all 
times,  when  on  duty,  carry  a  "billy,"  and  that  each  and  all  officers 
and  police  shall  at  all  times  be  neat  and  clean  in  appearance. 

Article  547.  That  every  policeman  of  this  city  shall,  and  any 
citizen  may,  have  a  police  whistle;  and  it  shall  be  the  duty  of  any  po- 
liceman hearing  any  such  whistle  blown  to  go  at  once  to  the  relief  of 
the  person  blowing  the  same ;  but  it  shall  not  be  lawful  for  any  policeman 
or  other  person  to  blow  any  such  whistle  for  any  trivial  cause,  nor  un- 
less the  presence  of  a  policeman  is  actually  necessary  for  the  perform- 
ance of  some  duty  herein  required.  And  any  person  who  shall  violate 
any  of  the  provisions  of  this  article  shall,  upon  conviction,  be  fined  not 
less  than  five  nor  more  than  one  hundred  dollars. 

Article  548.  The  Sergeant  of  Police,  or  any  policeman,  shall  be 
subject  to  immediate  suspension  and  removal  for  any  of  the  following 
causes,  to  wit:  (1)  Any  neglect  of  duty;  (2)  leaving  his  or  their  post; 
(3)  disobedience  to  a  superior  officer;  (4)  drinking  intoxicating  liquors 
while  on  duty;  (5)  violation  of  police  regulations;  (6)  insubordination 
or  misconduct;  (7)  entering  bawdy  houses  or  places  where  intoxicating 
liquors  are  sold,  except  in  the  discharge  of  duty. 

Article  549.  Any  police  officer  of  the  city,  except  the  City  Mar- 
shal, may  be  removed  from  office  or  suspended  from  duty  by  either  the 
Mayor  or  the  City  Marshal  for  any  cause  deemed  by  the  said  Mayor  or 
Marshal  just  and  sufficient;  but  whenever  any  police  officer  is  removed 
or  suspended  by  virtue  of  the  authority  conferred  in  this  ordinance  the 
officer  making  such  removal  or  suspension  shall  report  his  action  to  the 
next  regular  meeting  of  the  City  Council,  and  the  Council  shall  there- 
upon by  majority  vote  decide  whether  or  not  it  will  sustain  the  action 
of  the  Mayor  or  Marshal,  as  the  case  may  be,  in  removing  or  suspending 
such  policeman. 

CHAPTER  XIII. 

DUAL  OFFICE  AND  INTEREST  IN  CONTRACTS  OF  CITY  PROHIBITED. 

Article  550.  No  officer  of  the  city  shall  during  the  term  for  which 
he  is  elected  hold  or  be  re-eligible  to  any  other  office  under  the  city; 
nor  shall  any  such  officer,  during  his  term  of  office,  be  interested  in 
any  manner,  directly  or  indirectly,  in  any  contract  or  agreement  for 
work  to  be  done  or  material  furnished,  or  service  to  be  performed,  for 
which  the  city,  directly  or  through  any  board  or  commission  exercising 
authority  on  behalf  of  the  city,  is  to  pay  a  consideration;  nor  in  any 
contract  or  agreement  for  work  to  be  done  after  the  expiration  of  his 
term  of  office,  the  authority  for  which  was  granted  during  the  time  he 
was  such  officer  of  the  city;  nor  in  the  purchase  or  sale  of  any  prop- 
erty by  the  city  for  any  purpose  whatever;  and  for  the  violation  of  any 


140  Eevised  Ordinances  of  the  City  of  Austin. 

part  of  this  article  the  penalty  shall  be  expulsion  from  office;  on  aD 
affirmative  vote  of  two-thirds  of  the  whole  Board  of  Aldermen ;  provided, 
that  members  of  the  Water,  Light  and  Power  Commission  and  Board 
of  School  Trustees  shall  be  deemed  city  officers  within  the  meaning  of 
this  section,  as  shall  also  all  members  of  other  boards  created  by  or 
under  the  charter. 

CHAPTER  XIV. 

SALARIES. 

Article  551.  The  Mayor  shall  receive  an  annual  salary  of  two  thou- 
sand dollars. 

Article  552.  The  City  Marshal  shall  receive  an  annual  salary  of 
fifteen  hundred  dollars. 

Article  553.  The  City  Clerk  shall  receive  an  annual  salary  of  twelve 
hundred  dollars. 

Article  554.  The  City  Attorney  shall  receive  an  annual  salary  of 
fifteen  hundred  dollars. 

Article  555.  The  City  Assessor  and  Collector  of  Taxes  shall  re- 
ceive an  annual  salary  of  seventeen  hundred  dollars,  and  he  may  em- 
ploy an  assistant  at  an  annual  salary  of  not  exceeding  eleven  hundred 
dollars. 

Article  556.  The  City  Treasurer  shall  receive  an  annual  salary  of 
five  dollars. 

Article  557.  The  City  Physician  shall  receive  an  annual  salary  of 
twelve  hundred  dollars. 

Article  558.  The  City  Engineer  and  ex-officio  Street  Commissioner 
shall  receive  an  annual  salary  of  twelve  hundred  dollars. 

Article  559.  Each  Alderman  shall  receive  as  compensation  five 
dollars  for  each  regular  meeting  of  the  Council  at  which  he  is  present, 
not  to  exceed  ten  dollars  per  month. 

Article  560.  The  salaries  of  drivers  of  sanitary  carts  and  of  gut- 
termen  employed  in  the  sanitary  department  are  hereby  fixed  at  forty- 
five  dollars  per  month  each. 

Article  561.  The  salaries  of  drivers  of  trucks  of  Austin  Hook  and 
Ladder  No.  1,  Washington  Hose  Company  No.  1,  Colorado  Hose  Com- 
pany No.  2,  Protection  Hose  Company  No.  3,  East  Austin  Hose  Com- 
pany No.  4,  South  Austin  Hose  Company  No.  5,  North  Austin  Hose 
Company  No.  6,  West  Austin  Hose  Company  No.  7,  and  of  the  tillerman 
of  Hook  and  Ladder  Company  No.  1  is  hereby  fixed  at  sixty  dollars  per 
month  each. 

Article  562.  The  Pound  Master  shall  receive  an  annual  salary  of 
$900;  the  Bridge  Keeper  an  annual  salary  of  $720;  the  Sexton  an 


Revised  Ordinances  of  the  City  of  Austin.  141 

annual  salary  of  $275 ;  the  Sanitary  Inspector  an  annual  salary  of  $900 ; 
the  Matron  of  the  Hospital  an  annual  salary  of  $600;  the  Porter  of  the 
City  Hall  an  annual  salary  of  $480. 

Article  563.     The  salary  of  the  Sanitary  Inspector  shall  be  paid  in 
equal  monthly  installments. 


142  Revised  Ordinances  of  the  City  of  Austin. 


TITLE  XXIII, 


OFFICIAL  BONDS. 


CHAPTER  I. 
regulation  of. 

Article  5()4.  All  official  bonds  which  are,  by  ordinance,  required 
to  be  approved  by  the  Mayor^  shall  by  him  be  presented  to  the  City  Coun- 
cil for  their  recommendation  before  they  are  approved.  And  the  City 
Council  shall,  by  a  majority  vote,  determine  whether  or  not  the  securi- 
ties offered  are  sufficient. 

Article  565.  Any  official  or  other  bond  required  or  permitted  under 
this  act  may  be  made  in  any  surety  or  guaranty  company  authorized  to 
do  business  in  this  State. 


Eevised  Ordinances  of  the  City  of  Austin.  143 


TITLE  XXIV. 


ORDINANCES. 


CHAPTEE  I. 

enactment^  etc.^  regulated. 

Article  566,  The  style  of  the  ordinances  of  the  city  shall  be  "Be 
it  ordained  by  the  City  Council  of  the  City  of  Austin,"  placed  at  the 
commencement  of  the  first  section  or  article,  and  the  succeeding  sec- 
tions or  articles  shall  be  simply  numbered,  and  the  matter  thereof 
commenced  thus :  "Section"  or  "Article  — ,"  "That,"  etc.,  omitting  the 
formula  "Be  it  further."  And  the  same  rule  shall  apply  to  resolutions 
passed  by  the  City  Council,  substituting  "resolved"  for  "ordained,"  and 
the  subsequent  clauses  or  sections  shall  be  simply  numhered. 

Article  567.  Upon  the  passage  of  ordinances  appropriating  money, 
imposing  taxes,  increasing,  leasing  or  abolishing  licenses,  and  of  ordi- 
nances for  borrowing  money,  the  yeas  and  nays  shall  be  entered  on  the 
journal;  but  no  ordinance  for  borrowing  money  shall  pass  except  by  a 
vote  of  two-thirds  of  the  whole  Council. 

Article  568.  All  ordinances  and  resolutions  of  a  general  character 
shall  be  read  in  the  Council  on  three  separate  days,  unless  two-thirds 
of  the  Council  elected  shall  dispense  therewith. 

Article  569.  A  majority  of  the  members  of  the  whole  Council  shall 
be  necessary  to  pass  an  ordinance  for  any  purpose  appropriating  the 
sura  of  five  hundred  dollars  or  upwards  or  for  passing  an  ordinance  in 
anywise  diminishing  or  increasing  the  city  revenues. 

Article  570.  All  ordinances  and  resolutions  of  a  general  character, 
adopted  by  the  City  Council,  and  all  acts  of  the  Council  authorizing  or 
making  any  contracts,  grants  or  concessions,  whether  such  an  act  be  had 
or  passed  in  response  to  petition  or  proposition,  or  in  any  manner  what- 
soever, and  irrespective  of  form  of  such  act,  shall  be  subject  to  the  veto 
of  the  Mayor. 

Article  571.  The  Mayor  may  veto  any  one  or  more  of  the  items 
in  an  appropriation  ordinance,  and  approve  the  remainder. 

Article  573.  All  ordinances,  resolutions  and  acts  of  the  Council, 
together  with  such  papers  as  may  pertain  thereto,  shall  be  plaxjed  in  the 
office  of  the  City  Clerk,  and  if  the  Mayor  approve  thereof  he  shall  endorse 


144  KEVisaD  Ordinances  of  the  City  of  Austin. 

the  same  "Approved/'  and  sign  his  name  to  such  endorsement,  and 
thereupon  such  ordinances,  resolutions  and  acts  shall  go  into  effect. 

Article  573.  If  the  Mayor  shall  fail  to  approve  any  such  ordinance, 
resolution  or  act  for  a  longer  period  than  ten  days  after  it  shall  be  placed 
in  the  office  of  the  City  Clerk,  it  shall  go  into  effect,  unless  he  shall  have 
within  the  said  period  signified  his  disapproval  thereof,  or  of  items  of  an 
appropriation  ordinance,  by  writing  objections  thereto,  tiled  with  the 
City  Clerk  for  the  consideration  of  the  City  Council. 

Article  574.  The  vote  by  which  any  ordinance,  resolution  or  act  so 
disapproved  by  the  Mayor  was  passed  shall  be  reconsidered  by  the  City 
Council  either  at  the  next  regular  meeting  thereof  held  after  such 
disapproval  is  filed  in  the  Clerk's  office,  or  at  any  special  meeting  called 
earlier  for  that  purpose,  and  after  such  reconsideration,  two-thirds  of 
the  Aldermen  elected  agree  to  pass  such  ordinance,  resolution  or  act, 
in  items  of  an  appropriation  ordinance,  it  shall  be  in  force,  but  not 
otherwise. 

Article  575.  Every  ordinance  imposing  a  penalty,  fine,  imprison- 
ment or  forfeiture  for  violation  of  the  provisions  shall,  after  the  pas- 
sage thereof,  be  published  in  every  issue  of  a  daily  paper  published  in 
said  city  for  ten  days,  and  shall  not  take  effect  until  such  publication 
has  been  completed.  The  City  Clerk  shall  note  on  such  ordinances  as 
are  required  to  be  published  the  fact  that  the  same  have  been  published 
as  required  by  the  charter,  and  the  date  of  such  publication,  which  shall 
be  prijna  facie  evidence  of  such  publication;  provided,  that  the  pro- 
visions of  this  section  shall  not  apply  to  revision  and  codification  of  the 
ordinances  of  the  city,  as  the  Council  may  from  time  to  time  adopt. 

Article  576.  All  ordinances  and  resolutions  shall  take  eeffct  on 
being  approved  by  the  Mayor,  or  on  the  termination  of  the  time  allowed 
for  vetoing  ordinances  without  being  vetoed,  unless  another  time  for 
taking  effect  be  fixed  for  the  ordinance  or  resolution. 

Article  577.  In  case  of  a  tie  vote  by  the  City  Council  the  Mayor 
shall  have  the  casting  vote. 

Article  578.  No  ordinance  shall  be  repealed  by  any  general  terms, 
such  as  "coming  in  conflict  with,"  "within  the  purview  of"  any  sub- 
sequent ordinance;  but  in  all  cases  the  ordinance  or  article  intended 
to  be  repealed  shall  be  specifically  mentioned  by  the  title  and  the  date 
of  the  same,  or  number  of  the  article. 

Article  579.  No  ordinance  shall  be  amended  by  reference  to  its 
title  and  date,  or  number  of  the  article,  or  by  reference  to  the  subject 
matter  only,  but  the  particular  articles  or  sections  designed  to  be 
amended  shall  be  reordained  at  length,  incorporationg  the  amendments. 

Article  580.  No  ordinance  or  resolution  which  has  been  repealed 
shall  be  revived  by  implication;  that  is  to  say,  if  an  ordinance  or  reso- 


Eevised  Ordinances  of  the  City  of  Austin.  145 

lution  be  passed  repealing  a  former  ordinance  or  resolution,  the  repeal 
of  the  second  or  repealing  ordinance  or  resolution  shall  in  no  case  be 
construed  to  revive  the  first,  unless  there  be  express  words  in  the  last 
ordinance  or  resolution  to  that  effect. 

Article  581.  Words  used  in  ordinances  and  resolutions  are  to  be 
construed  in  their  common  and  usual  signification,  unless  specially 
definM  therein.  Words  in  the  past  or  present  tense  shall  also  include 
the  future;  the  masculine  gender  shall  include  the  feminine  and  neuter; 
the  singular  number  shall  include  the  plural,  and  the  plural  the  singu- 
lar. The  word  person  includes  a  corporation  as  well  as  a  natural  per- 
son; the  term  writing  includes  printing  or  printed  paper,  or  partly 
written  or  partly  printed.  The  term  Council  means  the  City  Council; 
and  words  descriptive  of  acts,  duties  or  officers  in  general  refer  to  such 
acts,  duties  and  officers  within  or  of  the  City  of  Austin. 

Article  582.  That  no  penal  ordinance  shall  be  passed  unless  the 
same  shall  have  been  written  by  the  city  attorney  or  under  his  direction, 
or  certified  by  the  City  Attorney  to  be  in  due  legal  form. 

Article  583.  All  ordinances  of  the  City  of  Austin  shall  be  and 
remain  in  the  keeping  of  the  City  Clerk  as  custodian. 

Article  584.  The  ordinances,  resolutions  and  by-laws  of  the  City 
Council  may  be  proved  prima  facie  by  a  book  of  printed  ordinances  of 
the  city,  appearing  to  be  printed  by  the  authority  of  the  city,  or  by  copies 
of  ordinances  certified  by  the  City  Clerk  to  be  true  copies  of  such  ordi- 
nances or  the  record  thereof. 

Article  585.  All  cases  of  violation  of  the  city  ordinances  shall  be 
tried  by  the  Mayor. 


146  Eevised  Ordinances  of  the  City  of  Austin. 


TITLE  XXV. 


PARKS— CITY. 


CHAPTEE  I. 

GENERALLY. 

Article  586.  Any  person  who  shall  in  any  manner  injure  or  de- 
stroy any  fence  or  gate,  enclosing  any  public  park  or  other  enclosed 
ground  of  the  City  of  Austin,  or  who  shall  open  and  leave  open  any 
such  gate,  or  who  shall  depredate  upon  any  such  park  or  public  ground 
by  taking  therefrom  any  wood  or  article  of  value,  or  who  shall  cut, 
destroy  or  in  any  manner  injure  any  tree  or  shrub  therein,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pun- 
ished by  fine  not  less  than  five  nor  more  than  fifty  dollars. 

Article  587.  The  Committee  on  Parks  are  hereby  authorized  and 
directed  to  place  the  enclosed  parks  and  grounds  of  the  city  in  charge 
of  some  suitable  person  or  persons,  with  power  to  remove  all  animals 
depredating  thereon,  and  to  report  the  names  of  persons  violating  the 
provisions  of  this  ordinance. 

CHAPTEE  II. 

PEASE  PARK. 

Article  588.  The  power  and  authority  to  supervise,  manage  and 
control  the  \i8e  of  Pease  Park  is  hereby  vested  in  the  Park  Committee 
of  the  City  Council. 

Article  589.  The  City  Council  shall  employ  some  person  at  a  salary 
not  to  exceed  forty  dollars  per  month,  whose  duty  it  shall  be  to  police 
and  improve  said  park  under  the  direction  and  control  of  said  Park 
Committee ;  and  the  said  person  so  selected  and  employed  shall  be  sworn 
as  a  special  policeman  of  the  city  and  as  such  shall  be  charged  with 
the  special  duty  to  exercise  police  supervision  over  said  park  and  all 
property  therein. 

Article  590.  Any  person  who  shall  wilfully  destroy  or  injure  any 
property  of  any  character  whatsoever  situated  in  said  park,  or  who  shall 
in  any  manner  conduct  himself  therein  in  violation  of  any  rule  pre- 
scribed by  the  Park  Committee  for  the  government  of  said  park,  or  who 
shall  resort  to  said  park  or  be  therein  in  violation  of  any  rule  which 


Eevised  Ordinances  of  the  City  of  Austin.  147 

may  be  prescribed  by  the  Park  Committee  for  the  conduct  or  admis- 
sion of  persons  into  said  park  shall  be  fined  not  less  than  five,  nor  more 
than  one  hundred  dollars. 

Article  591.  It  shall  hereafter  be  unlawful  for  any  person  to  sell 
intoxicating  liquors  of  any  kind  within  the  limits  of  Pease  Park  in  the 
City  of  Austin. 

Article  592.  Any  person  violating  the  provision  of  the  preceding 
article  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  not  less  than  twenty-five  nor  more  than  one  hundred  dol- 
lars. 

CHAPTEE  III. 

building  on^  prohibited. 

Article  593.  It  shall  be  unlawful  for  any  person  to  construct  or 
maintain,  or  to  cause  to  be  constructed  or  maintained  any  house,  shed, 
fence  or  other  structure  on  any  park,  square,  or  other  ground  within  the 
corporate  limits  of  the  City  of  Austin,  which  is  owned  or  controlled 
by  said  city,  unless  such  person  has  previously  obtained  the  consent  of 
the  City  Council  so  to  do. 

Article  594.  Each  day  on  which  said  house,  shed,  or  fence,  or  other 
structure  shall  be  maintained  in  violation  of  the  preceding  article  shall 
be  a  separate  offense. 

Article  595.  Any  person  who  shall  violate  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  one  hundred  dollars 
nor  more  than  two  hundred  dollars. 


148  Ee VISED  Ordinances  of  the  City  of  Austin. 


TITLE  XXVI. 


PAWNBROKERS. 


CHAPTER  I. 
regulating  business  of. 

Article  596,  Every  pawnbroker,  jeweler  or  person  doing  business 
as  such  in  the  City  of  Austin,  or  who  may  hereafter  engage  in  such  busi- 
ness, and  every  dealer  in  any  character  of  second-hand  goods,  wares  or 
merchandise  whatever,  shall  keep  a  record  book,  in  which  he  shall  make 
accurate  daily  entries  of  any  or  all  articles  received  by  him  in  the  course 
of  his  business,  with  a  description  of  such  articles;  and  he  shall  affix 
a  number  to  each  article  so  received  by  him,  and  shall  make  an  entry  of 
such  number  in  his  record  book.  He  shall  also  make  a  record  in  said 
book  of  the  name  of  the  person  or  persons  from  whom  he  receives  such 
article  or  articles.  He  shall  also  make  an  entry  in  such  book  of  the 
disposition  made  by  him  of  such  article  or  articles,  and,  if  sold,  he  shall 
state  to  whom  sold  and  the  price  received  therefor.  Whenever  any  per- 
son shall  offer  for  sale  any  second-hand  article  to  any  dealer  above  de- 
scribed, unless  the  said  dealer  is  personally  acquainted  with  such  person 
so  offering  such  article,  the  said  dealer  shall  require  such  person  to  be 
identified  before  purchasing  such  article. 

Article  597.  The  record  books  required  to  be  kept  under  the  above 
provisions  shall  at  all  times  be  open  to  the  inspection  of  the  City  Mar- 
shal, Mayor,  or  other  officer  of  the  city ;  and  it  shall  be  the  duty  of  the 
persons  required  to  keep  such  record  books  to  exhibit  said  record  books 
to  any  officer  aforesaid  for  inspection  whenever  demanded. 

Article  598.  If  any  pawnbroker  or  person  engaged  in  business  as 
such  within  the  corporate  limits  of  the  City  of  Austin  shall  fail,  neg- 
lect or  refuse  to  comply  with  any  of  the  provisions  of  the  two  preceding 
articles  or  with  any  of  the  ordinances  of  the  city  regulating  pawnbrokers, 
he  shall  be  fined  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars. 

Article  599.  That  nothing  contained  in  this  title  shall  be  construed 
as  an  attempt  to  release  pawnbrokers  doing  business  in  this  city  from 
the  duty  of  keeping  such  additional  records  as  they  are  or  may  from 
time  to  time  be  required  to  keep  under  the  laws  of  the  State. 


Eevised  Okdinances  of  the  City  of  Austin.  149 


TITLE    XXVII, 


PLUMBING. 


CHAPTEE  I. 

EXAMINING  AND   SUPERVISING  BOARD   OF   PLUMBERS. 

Article  600.  A  board  for  the  examination  of  plumbers,  to  be  known 
as  the  Examining  and  Supervising  Board  of  Plumbers,  is  hereby 
created.  That  said  Board  shall  consist  of  the  following  five  (5)  per- 
sons: (1)  The  City  Physician;  (2)  the  City  Engineer;  (3)  the  Chief 
Plumbing  Inspector;  (4)  a  master  plumber  of  not  less  than  ten  (10) 
years  active  and  continuous  business  experience;  (5)  a  journeyman 
plumber  of  not  less  than  five  (5)  years  active  and  continuous  practical 
experience. 

Article  601.  The  Mayor  and  City  Council  shall  make  said  appoint- 
ments, and  the  appointees  shall  serve  for  two  years,  or  until  their  suc- 
cessors are  elected  and  qualified.  They  shall  fill  all  vacancies  occurring 
in  the  Supervising  Board  of  Plumbers,  appointment  to  said  vacancy 
to  be  for  the  unexpired  term  of  the  member  whose  place  is  filled. 

Article  602.  The  Examining  and  Supervising  Board  of  Plumbers 
herein  created  shall  examine  and  pass  upon  all  persons  now  engaged  in 
the  business  of  plumbing,  whether  as  a  master  plumber,  employing 
plumber  or  journeyman  plumber,  and  all  persons  who  may  hereafter 
wish  to  engage  in  the  business  of  plumbing  as  master  plumber,  employ- 
ing plumber  or  journeyman  plumber  within  their  respective  jurisdic- 
tions  and  also  all  persons  who  may  apply  for  the  office  of  plumbing  in- 
spector. They  shall  issue  a  license  to  such  persons  only  as  shall  suc- 
cessfully pass  a  required  examination.  They  shall  also  register  in  a 
book  to  be  kept  for  that  purpose  the  names  and  places  of  business  of  all 
persons  to  whom  a  plumbers'  license  is  issued.  They  shall  not  license 
for  more  than  one  year,  but  the  same  shall  be  renewed  from  year  to 
year  upon  proper  application. 

Article  603.  Each  applicant  for  examination  for  plumbers'  license 
shall  pay  the  sum  of  three  dollars  ($3)  for  each  master  plumber  ex- 
amined, and  the  sum  of  two  dollars  ($2)  for  each  journeyman  plumber 
examined,  which  fees  shall  be  paid  over  to  the  Treasurer  of  the  city. 
Members  of  the  Examining  and  Supervising  Board  of  Plumbers  shall 
receive  no  compensation  for  their  services  on  said  Board.     Said  license 


150  Eevised  Oedinances  of  the  City  of  Austin. 

shall  be  non-transferable,  and  said  examination  and  examination  fee 
shall  not  be  required  of  the  same  person  more  than  once. 

Article  604.  In  selecting  the  first  or  Chief  Inspector  of  Plumbing, 
herein  provided  for,  the  Mayor  shall  act  with  the  other  four  members 
of  said  Board  above  specified.  After  said  Inspector  of  Plumbing  shall 
have  been  chosen  he  shall  become  the  fifth  member  of  the  Examining 
and  Supervising  Board  of  Plumbers  in  place  of  the  Mayor. 

Article  605.  A  license  shall  not  be  issued  to  any  person  or  firm  to 
carry  on  or  work  at  the  business  of  plumbing,  or  to  act  as  inspector  of 
plumbing,  until  he  or  they  shall  have  first  appeared  before  the  Examin- 
ing and  Supervising  Board  for  examination  and  registration,  and  shall, 
have  successfully  passed  the  required  examination.  And  no  person  or 
firm  shall  carry  on  or  work  at  the  business  of  plumbing  until  a  license 
has  been  duly  issued  by  the  Examining  and  Supervising  Board,  as  herein 
provided ;  provided,  however,  that  this  shall  not  apply  to  a  person  himself 
performing  work  in  his  own  premises;  in  this  last  instance,  however,  if 
any  person  do  so  perform  any  plumbing  work  on  his  own  premises,  same 
shall  be  subject  to  inspection  by  the  plumbing  inspector,  and  shall  con- 
form to  the  sanitary  rules  and  regulations  laid  down  herein. 

Article  606.  The  Examining  and  Supervising  Board  of  Plumbers., 
a  majority  of  same  being  present,  shall  recommend  to  the  City  Council 
two  (2)  or  more  plumbers  who  shall  have  passed  the  required  examina- 
tion for  the  office  of  Plumbing  Inspector.  The  Council,  at  its  next 
regular  meeting,  shall  determine  by  ballot  the  one  to  serve  for  the  en- 
suing term  of  two  years,  or  until  a  successor  is  elected,  whose  duties 
shall  be  as  hereinafter  provided  in  this  ordinance,  and  the  ordinance 
which  it  amends,  who  shall  receive  as  compensation  for  his  services  the 
sum  of  $75  per  month,  to  be  paid  by  the  City  of  Austin.  The  said  in- 
spector so  selected  shall  have  the  proper  qualifications  of  a  plumber, 
and  shall  have  stood  the  examination  of  a  plumber. 

Said  Examining  and  Supervising  Board  shall  meet  upon  call  of  the 
Plumbing  Inspector  and  three  members  shall  constitute  a  quonim. 

CHAPTEE  II. 

plumbing  regulated. 

Article  607.  House  drains  within  and  to  a  distance  of  three  feet 
outside  the  exterior  wall  of  a  building  shall  be  heavy  cast  iron  pipe, 
at  least  one-fourth  inch  thick,  and  no  less  than  four  inches  in  diameter, 
and  laid  in  trenches  of  uniform  grade,  and  where  above  ground  shall 
be  suspended  to  flooring  .by  strong  iron  hangers  or  fastened  to  wall  by 
strong  iron  hooks.  They  shall  have  a  fall  of  not  less  than  one  in  fifty 
towards  outlet.    All  changes  in  line  of  pipe  shall  be  made  with  regular 


Eevised  Ordinances  of  the  City  of  Austin.  151 

fittings  and  connections  with  horizontal  pipes  shall  be  with  "Y"  and 
sanitary  tees  except  where  branch  is  smaller  than  main. 

Article  608.  All  soil  pipe  in  buildings  must  be  extra  heavy  cast 
iron  pipe,  up  to  the  highest  fixture,  and  from  the  highest  fixture  through 
roof;  to  be  standard  same  size  as  drain.  The  joints  to  be  packed  with 
oakum  and  run  with  molten  lead  and  be  thoroughly  caulked. 

Article  609.  All  vent  pipes  must  extend  two  feet  above  roof,  or 
may,  in  case  of  no  independent  vent  pipes,  connect  into  soil  pipes  at 
not  less  than  one  foot  above  highest  fixtures,  and  in  no  case  shall  any 
vent  terminate  in  or  be  laid  through  a  chimney  flue,  but  wherever  prac- 
ticable must  be  laid  up  inside  the  house.  They  shall  be  run  as  direct 
as  possible  and  forty-five  degree  ells  used  at  all  times. 

Article  610.  All  connections  of  lead  to  iron  shall  be  made  of  extra 
heavy  brass  or  lead  ferrules  or  brass  solder  nipples,  caulked  or  screwed 
to  the  iron  and  wiped  to  the  lead  pipe.  All  wiped  joints  shall  be  made 
overcast,  and  not  less  than  one  and  one-fourth  inches  long. 

Article  611.  All  lead  traps,  bends  and  soil  pipe  shall  be  made  of 
not  less  than  six-pound  lead  per  square  foot  for  four-inch,  and  five 
pounds  per  square  foot  for  smaller  sizes. 

Article  612,  Each  and  every  fixture  having  a  waste  pipe  shall  be 
separately  and  independently  trapped  with  a  water  sealing  trap,  placed 
as  near  the  fixture  as  practicable,  and  never  more  than  two  feet  from 
the  fixture  it  serves.  Each  and  every  trap  shall  be  separately  and  inde- 
pendently protected  from  syphonage  and  air  pressure  by  a  special  vent 
pipe,  except  when  using  half  "S"  traps  by  a  circular  vent  branching 
into  vent  above  the  highest  fixture  or  taken  two  feet  above  roof  or  to 
height  as  directed  by  Plumbing  Inspector.  Vent  pipe  for  water  closet 
shall  be  connected  on  the  ferrule  or  lead  bend  at  a  joint  just  below  the 
floor.  No  trap  vent  pipe  shall  be  used  as  a  waste  or  soil  pipe.  No 
waste  from  any  fixtures  shall  be  connected  to  the  trap  of  any  water  closet. 

Article  613.  The  size  of  the  vent  pipe  for  all  fixtures  having 
three-inch  trap  or  over  must  not  be  smaller  than  two-inch  for  thirty 
feet,  or  less  than  three-inch  pipe  beyond  thirty  feet.  A  group  of  three 
or  five  water  closets  must  not  have  less  than  three-inch  vent,  and  above 
five  must  be  the  same  size  as  soil  pipe.  All  other  vents  shall  not  be  less 
than  one  size  smaller  than  the  trap  it  serves,  and  increase  one  size  up 
to  two-inch  for  every  thirty  feet  or  addition  of  every  two  fixtures. 

Article  614.  All  connections  to  vent  pipes  must  be  made  with  lead 
or  brass  pipes  as  provided  in  Articles  610  and  611. 

Article  615.  Vent  pipes  must  in  all  cases  be  of  galvanized  wrought 
iron,  cast  iron  or  lead,  except  local  vents  of  water  closets,  which  may 
be  galvanized  sheet  iron  of  approved  construction.  (No  rubber  vent  con- 
nections shall  be  allowed.)     Wrought  iron  pipe  shall  not  be  used  as  a 


152  Eevised  Ordinances  of  the  City  of  Austin. 

waste  for  any  fixture.  Waste  pipes  from  all  fixtures  shall  be  of  lead  or 
cast  iron  and  not  less  than  the  following  sizes :  For  bath  tubs,  sinks, 
laundry  tubs  and  urinals,  two-inch;  watering  troughs  or  lavatories,  one 
and  one  half  inches;  water  closets,  four-inch. 

Article  616.  Drip  or  overflow  pipes  from  safes  under  water  closets 
or  other  fixtures,  or  from  tanks  or  cisterns,  shall  in  no  case  be  connected 
directly  to  the  drainage  system,  but  shall  be  run  to  some  open  place  in 
plain  sight.  All  urinals  must  have  lead,  slate,  tile  or  marble  safes, 
except  where  urinals  are  placed  in  yard  over  dirt  floor.  Wastes  from 
refrigerators  or  other  receptacles  in  which  provisions  are  stored  shall  not 
be  connected  directly  with  the  drainage  system,  but  shall  be  arranged 
to  waste  in  an  open  tray  in  plain  sight  below.  This  tray  may  be  con- 
nected with  the  drainage  system  upon  being  properly  trapped  and  vented 
like  any  other  fixture.  No  sediment  from  boiler  or  drain  from  stop  and 
waste  cocks  shall  be  connected  with  the  sewer  or  house  drain.  No  rain 
water  pipes  shall  be  connected  to  sewers  or  house  drains;  waste  pipes 
from  saloon  fixtures  or  butcher  shop  fixtures,  such  as  ice  boxes,  or  fixtures 
of  that  kind,  must  run  into  a  four-inch  trap  and  be  vented  as  provided 
.  in  Article  613.  This  does  not  include  plumbing  fixtures  as  above  enu- 
merated, as  bath  tubs,  sinks,  laundry  tubs,  urinals,  water  troughs,  lava- 
tories and  water  closets.  Floor  drains  from  stables,  wash  houses,  cellars, 
carriage  houses  or  floor  waste  of  any  kind,  when  connected  to  a  waste 
sewer  system  must  first  drain  into  a  cesspool  sink  with  four-inch  trap 
underneath,  ventilated  the  same  as  provided  in  Article  613.  Xo  steam 
exhaust  will  be  allowed  to  connect  with  any  drain  or  soil  pipe.  Soil  or 
waste  pipes  placed  in  any  building  for  future  use  shall  be  ventilated  and 
subject  to  the  the  same  rules  in  every  respect  as  if  intended  for  imme- 
diate use,  and  all  the  openings  closed  by  screw  plugs  or  caulked  or 
soldeced.  All  waste  and  other  pipes  passing  through  lead  safes  must 
be  of  lead  or  wiped  into  the  safe.  All  joints  on  lead  or  between  lead 
and  brass  must  be  wiped  except  basin  cock  couplings,  which  may  be 
cupped. 

Article  617.  No  soil,  drain  or  vent  pipes  shall  be  covered  or  con- 
cealed from  view  until  after  the  work  has  been  tested,  examined  and 
approved  by  the  inspector  appointed  for  that  purpose.  The  plumber 
shall  notify  the  inspector  in  writing  when  the  work  is  ready  for  in- 
spection and  the  whole  system  of  plumbing  shall  be  prepared  for  the 
inspector  or  his  assistant  to  make  proper  and  thorough  test  of  the  same. 

Abticle  618.  Water  closets  shall  be  glazed  earthenware  in  one  piece 
or  enameled  iron,  all  exposed,  the  wooden  work  to  consist  of  the  seat 
only.  In  no  case  shall  any  woodwork  casing  be  allowed.  Every  water 
closet  shall  be  supplied  with  water  from  a  separate  tank  or  cistern, 
tanks  or  cisterns  to  be  lined  with  not  less  than  three-sheet  lead,  or 


Eevised  Ordinances  of  the  City  of  Austin,  153 

twelve-ounce  tinned  copper,  five-gallon  tanks  for  closets,  except  syphon 
jets  and  syphon  wash-down,  which  shall  have  seven  gallon  tanks,  all 
ball  cocks  in  tanks  shall  be  what  is  known  as  the  high  pressure  or  com- 
pound lever  ball  cock.  All  wooden  water  closet  tanks  must  be  lead  lined 
and  set  not  less  than  six  feet  (and  more,  if  space  allows)  from  the  bot- 
tom of  the  tank  to  the  floor.  This  does  not  exclude  low  down  flush 
water  closet  combinations  that  insure  a  thorough  and  perfect  flush  in 
bowl.  A  compression  stop  cock  must  be  put  in  supply  pipe  between 
floor  and  tank.  No  pan,  plunger,  long  hopper,  direct  supply  of  any 
kind  or  closet  having  any  unventilated  space,  or  whose  walls  are  not 
flushed  at  each  discharge,  shall  be  used.  When  not  more  than  three 
closets  are  placed  on  one  line  in  an  outbuilding  on  the  same  floor,  or 
a  building  not  less  than  six  feet  away  from  the  dwelling,  then  the  trap 
or  bend  of  said  closets  need  not  be  separately  vented,  but  the  soil  pipe 
must  extend  above  the  roof  full  size  at  one  end  of  the  line.  When  more 
than  three  closets  are  on  the  line  of  the  soil  pipe,  said  soil  pipe  must 
extend  above  roof  at  both  ends  of  the  line.  When  a  closet  is  set  twenty 
feet  or  more  from  the  main  stack  or  soil  pipe,  the  four-inch  soil  pipe 
must  be  carried  full  sized  above  the  roof  or  branch  into  the  main. stack 
above  the  highest  fixture.  When  a  closet  is  placed  in  an  outbuilding 
less  than  six  feet  from  a  dwelling  or  in  an  addition  to  a  dwelling,  then 
the  trap  of  said  closet  shall  be  vented  as  provided  for  in  Arts.  609-615. 

Article  619.  Lead  pipes  for  water  supply  must  be  not  lighter  than 
strong  weight. 

Article  630.  No  plumbing  shall  be  commenced  until  the  plumber 
has  a  plan  and  a  permit  for  same  has  oeen  obtained.  Final  inspection 
shall  be  made  before  the  work  is  accepted  by  the  owner.  Should  dispute 
arise  between  the  Board  and  Inspector  as  to  the  Inspector's  decision  on 
any.  work  said  question  shall  be  referred  to  the  City  Council,  whose 
decision  shall  be  final.  Any  work  in  construction  contrary  to  ordinance 
shall  be  stopped  and  be  made  to  conform  with  ordinance  at  once.  All 
openings  for  wastes  and  vents  in  buildings  must  be  closed  and  made  gas 
tight.  The  gas  company  shall  test  all  gas  pipes  in  new  buildings  before 
same  are  covered.  No  plumbing  fixtures  shall  be  connected  to  the  sewer 
system  unless  properly  trapped,  vented  and  inspected. 

Article  621.  After  all  the  plumbing  in  any  building  is  completed 
according  to  the  foregoing  rules  and  to  the  satisfaction  of  the  Inspector, 
a  certificate  to  this  effect  shall  be  given  to  the  plumber  doing  the  work. 
These  rules  to  plumbers  shall  apply  to  all  alterations  or  other  work  to 
be  done  in  connection  with  plumbing  or  house  drainage  in  old  buildings, 
not  including  taking  old  fixtures  and  replacing  with  new  ones,  provided 
no  pipes  are  disturbed  (except  minor  repairs),  the  same  as  in  new 
buildings,  and  minor  repairs  are  construed  as  meaning  repairs  of  leaks 


154  Revised  Ordinances  of  the  City  of  Austin. 

in  pipes,  traps  or  cocks,  opening  of  waste  or  supply  pipes,  traps  or  drains, 
and  repairing  broken  fixtures  and  frozen  pipes.  There  shall  be  three 
tests  or  inspections  by  the  Inspectors,  who  shall  be  notified  by  the 
plumber,  in  writing,  when  ready,  as  follows: 

First. — The  sewer  after  it  is  laid  and  joined,  and  before  it  is  covered. 

Second. — The  soil  and  vent  pipes,  as  per  rule  governing  same. 

Third. — When  all  the  fixtures  are  set. 

Article  622.  Every  house  or  building  within  six  blocks  of  Congress 
Avenue  and  between  the  river  and  Twelfth  Street  must  be  connected  with 
the  nearest  sewer,  if  there  is  one  in  the  street  or  alley  adjoining  said  prop- 
erty, and  any  building  not  within  the  above  limit  must  be  connected  with 
the  sewer  if  there  is  one  in  the  street  or  alley  adjoining  such  house,  and 
no  surface  closets  shall  be  allowed,  or  permitted  to  be  used  within  said 
limits.  Two  or  more  houses  may  be  connected  with  one  line  to  the 
main  sewer,  provided  the  City  Inspector  deems  it  advisable  and  safe  to 
make  said  connection.  No  plumber  or  drain  layer  shall  be  permitted  to 
connect  two  or  more  houses  with  one  line  without  the  permit  of  the  City 
Plumbing  Inspector. 

Article  623.  Drain  and  sewer  pipe  must  be  laid  as  direct  as  pos- 
sible and  to  a  uniform  grade;  all  changes  in  line  must  be  made  with 
curved  pipe,  and  all  connections  with  the  "Y"  branches  and  one-eighth 
bends.  Drain  pipes  must  be  laid  at  a  sufficient  depth  to  protect  them 
from  the  frost  and  breakage. 

Article  624.  The  house  drains  not  entering  into  or  underlying  a 
building  may  be  of  salt-glazed  vitrified  stoneware  pipe,  laid  so  as  to  have 
a  uniform  space  between  the  bell  and  spigot,  the  joints  are  to  be  made 
with  gaskets,  well  caulked  in,  and  finished  with  good  fresh  cement  mor- 
tar, composed  of  equal  parts  of  cement  and  clean,  sharp  sand,  the  joint 
to  be  carefully  outwiped  and  well  pointed  on  the  inside.  The  inside 
of  every  drain,  after  it  is  laid,  must  be  left  smooth  and  perfectly  clean 
throughout  its  entire  length,  and  the  pipe  to  be  brought  not  nearer  than 
three  feet  of  the  outside  wall  of  the  building. 

Article  625.  No  steam  exhaust  or  blow-off  pipe  from  steam  boiler 
shall  be  allowed  to  connect  to  any  sewer  pipes  directly  with  the  house 
drain.  They  shall  discharge  into  a  tank  or  condenser,  the  waste  from 
which,  after  being  condensed  and  suitably  trapped,  may  enter  the  sewer. 
Subsoil  drains  from  cellars  may  be  connected  with  the  sewer,  but  the  con- 
nections must  be  made  with  the  approval  and  under  the  supervision  of 
the  City  Plumbing  Inspector.  Every  such  connection  must  be  provided, 
with  a  trap;  also  with  a  good  metal  strainer,  with  perforations  not  more 
than  one-fourth  of  an  inch  in  diameter  and  exposed  to  plain  view. 

Roof  water,  overflows  from  cisterns,  etc.,  shall  not  be  connected  with 
the  drains.    The  waste  which  shall  enter  the  drain  shall  comprise: 


Kevised  Ordinances  of  the  City  of  Austin.  155 

1.  Waste  water  from  kitchen  sinks. 

2.  Waste  water  from  water  closets. 

3.  Waste  water  from  washstands  and  bath  tubs. 

4.  Waste  water  from  urinals. 

5.  Waste  water  from  slop  hoppers. 

6.  Waste  water  from  factories,  laundries,  restaurants  and  other 
buildings,  as  the  City  Plumbing  Inspector  may  consider  admissible  with- 
out detriment  to  the  drain. 

Article  636.  Notice  must  be  given  at  the  office  of  said  department 
twenty-four  hours  if  required  before  any  street  or  public  way  can  be 
opened  for  the  purpose  of  laying  a  private  drain,  or  before  any  drain 
pipe  can  be  extended  from  work  previously  done  and  accepted,  or  new 
connections  of  any  kind  be  made  with  such  work,  unless  otherwise  per- 
mitted by  the  City  Plumbing  Inspector,  and  backfills  must  be  made 
as  provided  by  city  ordinances  in  force  at  the  time  of  making  said  ex- 
cavations. 

No  work  of  laying  drains  can  be  commenced  or  continued  unless  the 
permit  is  on  the  ground  in  the  hands  of  the  drain  layer,  or  some  one 
employed  by  him. 

In  opening  any  street  or  public  way  all  materials  for  paving  or  bal- 
lasting must  be  removed  with  the  least  possible  injury  or  loss  of  same, 
and,  together  with  the  excavated  materials  from  the  trenches,  must 
be  placed  where  they  will  cause  the  least  inconvenience  to  the  public. 
As  little  as  possible  of  the  trench  must  be  dug  until  the  junction  piece 
into  the  sewer  is  found. 

Article  627.  Whenever  in  the  opinion  of  the  City  Engineer  or 
authorized  inspector  the  sides  of  the  trenches  will  cave  sheeting  and 
braces  must  be  used  to  prevent  caving. 

Article  628.  The  City  Plumbing  Inspector  is  to  have  at  all  times 
facilities  for  inspecting  the  work  and  materials  while  under  the  charge 
of  the  employing  plumber,  and,  if  required,  no  pipes  or  other  materials 
for  the  drains  can  be  used  until  they  are  examined  by  him. 

Article  629.  All  Avork  must  be  done  in  such  manner  and  at  such 
times  as  to  interfere  as  little  as  possible  with  the  public  travel  and  con- 
venience, and  the  employing  plumber  shall  conduct  his  work  for  this 
object  as  the  City  Engineer  or  Plumbing  Inspector  may  from  time  to 
time  direct. 

Article  630.  No  street,  sidewalk  or  other  public  place  shall  be 
opened  for  any  purpose  with  reference  to  said  drains  or  sewers,  without 
special  written  permit  from  the  City  Engineer,  and  a  deposit  sufficient 
to  cover  cost  of  relaying  any  paving  removed  shall  be  made  with  the 
City  Clerk ;  provided,  however,  that  this  section  shall  not  be  construed 
to  permit  excavations  on  streets  now  or  hereafter  prohibited. 


156  Revised  Ordinances  of  the  City  of  Austin. 

Article  631.  The  character  of  the  materials  used,  their  protection 
against  injury,  and  the  general  arrangement  of  the  work  in  reference 
to  its  security  and  safety  are  to  be  subject  to  approval  by  the  City 
Plumbing  Inspector  and  Engineer. 

Article  632.  The  employing  plumber  shall  faithfully  observe  all 
rules  as  adopted  by  the  Plumbing  Board,  and  shall  not  cover  any  of  his 
work  until  it  has  been  examined  and  approved  by  the  Plumbing  In- 
spector. Xone  but  faithful,  skillful  and  experienced  men  shall  be  en- 
trusted with  any  part  of  the  work. 

Article  633.  All  work  in  the  street  or  other  public  place  must  be 
done  in  the  best  manner  to  protect  the  public  against  injury,  and  to 
secure  good  and  satisfactory  work.  The  department  may,  within  six 
months,  repair  work  which  is  unsatisfactory  after  three  days'  notice  and 
collect  same  from  the  employing  plumber  doing  the  work. 

Article  634.  The  least  inclination  that  can  be  allowed  for  water 
closet,  kitchen  and  all  other  drains  shall  be  one  foot  in  one  hundred  feet. 

Article  635.  The  ends  of  all  pipes  not  to  be  immediately  connected 
with  are  to  be  securely  stopped  by  brick  and  cement,  or  other  water  tight, 
imperishable  materials. 

Article  636.  The  back  fillings  over  drains,  after  they  are  laid,  must 
be  puddled  or  solidly  rammed,  and  together  ^^-ith  the  replacing  of  bal- 
last and  paving,  must  be  done  within  forty-eight  hours  after  completion 
of  that  part  of  the  drain  laying  within  the  public  way,  and  it  must  be 
done  to  the  entire  satisfaction  of  the  City  Engineer  and  Plumbing  In- 
spector, and  in  accordance  with  ordinances  of  the  city  thus  in  force. 

Article  637.  Every  emplo}dng  plumber  must  close  any  opening 
which  he  may  make  in  the  public  streets  or  ways  with  sufficient  bar- 
riers, and  must  also  maintain  red  lights  at  the  same  time  at  night,  and 
must  take  all  necessary  precautions  to  guard  the  public  effectually 
against  all  accidents  from  the  beginning  to  the  end  of  the  work,  and 
can  only  lay  drains  on  condition  that  he  shall  use  every  precaution 
against  accidents  to  persons,  horses,  vehicles  or  property  of  any  kind. 

Article  638.  All  private  house  drains  shall  be  salt  glazed,  vitrified 
earthenware  pipes  of  best  quality,  and  not  less  than  four  inches  in 
diameter. 

Article  639.  The  Inspector  of  Plumbing  and  house  drainage  shall 
be  under  the  control  and  direction  of  the  Examining  Board,  and  shall 
perform  the  duty  of  examining  all  plumbing  and  house  drainage  upon 
and  in  all  buildings,  public  and  private,  within  the  City  of  Austin,  and 
to  see  that  all  work  is  done  in  a  thorough  and  workmanlike  manner, 
and  that  all  necessary  safeguards  are  taken  to  prevent  the  leakage  of 
sewer  gas  from  the  drain  and  soil  pipes,  under  such  regulations  as  may 
be  from  time  to  time  adopted  by  the  City  Council.    The  Inspector  of 


Kevised  Ordinances  of  the  City  of  Austin.  157 

Plumbing  shall  inspect  all  plumbing  fixtures  in  the  City  of  Austin 
once  in  each  six  months,  and  whenever  he  finds  any  such  fixtures, 
whether  in  new  or  old  buildings,  that  are  in  unsanitary  condition^  he 
shall  at  once  notify  the  owner  of  such  building,  or  his  agent,  to  imme- 
diately put  same  in  a  sanitary  condition,  and  unless  same  is  done  this 
fact  shall  be  reported  to  the  Examining  and  Supervising  Board  herein 
provided  for,  who  shall  examine  same,  and  if  they  shall  agree  with  the 
Plumbing  Inspector  that  said  fixtures  of  plumbing  are  in  an  unsanitary 
condition,  they  shall  immediately  notify  the  owner  or  agent  of  said 
building  to  repair  the  same  and  put  same  in  a  sanitary  condition,  and 
unless  said  owner  complies  within  ten  days  with  said  directions  of  said 
Examining  and  Supervising  Board,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  in  the  Corporation  Court  shall  be  fined 
not  less  than  five  dollars  ($5)  nor  more  than  one  hundred  dollars  ($100). 

Article  640.  Any  person  wishing  to  do  sewer  or  plumbing  work 
must  execute  and  deposit  with  the  City  Clerk  a  bond,  approved  by  the 
Mayor,  in  the  sum  of  one  thousand  dollars  ($1000),  as  a  guarantee 
that  he  will  comply  with  any  existing  city  ordinances  and  pay  fees  and 
fines  that  may  be  assessed  against  him.  It  is  understood  that  he  shall 
be  liable  for  any  accident  that  may  happen  to  person  or  property  by 
reason  of  his  neglect  of  any  law,  ordinance  or  rules  relating  to  the 
work. 

Article  641.  Every  plumber  doing  any  plumbing  work  in  the  City 
of  Austin  must  notify  the  Plumbing  Inspector  in  writing,  giving  a 
complete  description  of  the  plumbing  fixtures  to  be  placed  in  the  build- 
ing and  location  of  the  same,  name  of  the  owner  and  street  and  house 
number,  also  give  the  name  of  the  architect  and  contractor,  if  any. 

Article  642.  The  fees  for  inspection  shall  be :  For  drain  and  one 
fixture,  one  dollar  and  fifty  cents  ($1.50),  and  for  every  other  addi- 
tional fixture  up  to  five  in  the  building,  the  sum  of  seventy-five  (75) 
cents  each;  all  additional  fixtures  above  five,  fifty  (50)  cents  each, 
which  shall  be  paid  by  the  plumber  doing  the  work  to  the  City  Tax 
Collector,  for  which  he  shall  issue  a  receipt  and  no  permit  shall  be  issued 
until  such  receipt  is  obtained  from  the  City  Tax  Collector. 

Article  643.  The  Plumbing  Inspector  shall  not  be  interested  in 
any  plumbing  shop,  establishment  or  business  during  the  time  he  is  em- 
ployed as  Inspector  by  the  city. 

Article  644.  In  the  event  it  is  necessary  in  the  construction  of  any 
plumbing  work  within  this  city  for  any  contractor  to  do  or  perform 
work  which  is  not  specially  provided  for  herein,  he  shall,  before  per- 
forming said  work,  obtain  the  approval  of  the  Plumbing  Inspector  upon 
said  work  not  herein  specially  provided  for. 

Article  645.     Any  person,  firm  or  corporation,  their  agents  or  em- 


158  Eevised  Ordinances  of  the  City  of  Austin. 

ployes  who  shall  do  any  of  the  things  prohibited  to  be  done  by  this  ordi- 
nance or  of  the  original  ordinance  which  this  ordinance  amends,  or  shall 
fail  to  do  any  of  the  things  required  of  such  person,  firm  or  corporation, 
their  agents  or  employes,  by  the  said  ordinances,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  upon  conviction  in  the  Corporation  Court 
be  fined  not  less  than  five  ($5)  nor  more  than  one  hundred  dollars 
($100),  and  if  the  defendant  be  a  licensed  plumber,  such  conviction 
shall  work  a  forfeiture  of  his  license,  and  he  or  they  shall  not  thereafter 
be  granted  a  license,  except  by  a  majority  vote  of  the  entire  Council  of 
the  City  of  Austin. 


Eevised  Ordinances  of  the  City  of  Austin.  159 


TITLE  XXVIII. 


PRINTING,  CITY. 


CHAPTER  I. 

regulation  of. 

Article  64:6.  Contracts  for  the  printing  of  the  city  shall  be  awarded 
by  the  Mayor  and  printing  committee,  under  authority  of  the  City 
Council,  to  the  lowest  and  most  responsible  bidder,  after  advertisement 
for  sealed  proposals,  as  in  cases  of  other  contracts;  but  the  right  shall 
at  all  times  be  reserved  to  reject  any  and  all  bids;  and  any  contract  so 
awarded  shall  be  subject  to  be  revoked  and  annulled  at  any  time  by  the 
City  Council. 


160  Kevised  Okdinances  of  the  City  of  Austin. 


TITLE  XXIX. 


PUBLIC  HEALTH. 


CHAPTER  I. 

BOAED  OF  PUBLIC  HEALTH. 

Article  647.  There  shall  be  and  is  hereby  created  and  established  a 
board  to  be  known  as  the  Board  of  Health  of  the  City  of  Austin. 

Article  648.  Said  Board  shall  be  composed  of  the  Mayor  of  tlie 
City  of  Austin,  City  Physician  of  the  City  of  Austin,  the  Sanitary 
Committee  of  the  City  Council  of  the  City  of  Austin  and  five  physicians 
who  reside  in  the  City  of  Austin. 

Article  649.  The  said  physicians,  as  members  of  said  Board,  shall 
be  appointed  by  the  Mayor  of  the  City  of  Austin,  and  their  term  of 
office  shall  expire  at  the  expiration  of  the  Mayor's  term  of  office  who 
appointed  them,  and  they  shall  receive  no  compensation  for  their  services 
on  said  Board. 

CHAPTER  II. 

sanitary  inspector. 

Article  650.  There  shall  be  and  is  hereby  created  the  office  of  Sani- 
tary Inspector  for  the  City  of  Austin. 

Article  651.  The  Sanitary  Inspector  shall  be  elected  by  the  City 
Council  on  nomination  by  the  Mayor  or  any  Alderman  every  two  years 
at  the  time  of  the  election  of  other  officers  by  the  Council,  or  as  soon 
thereafter  as  practicable,  and  shall  hold  his  office  for  two  years  and 
until  his  successor  shall  be  elected  and  qualified. 

Article  652.  It  shall  be  the  duty  of  the  Sanitary  Inspector  to 
see  that  all  ordinances  relating  to  sanitation  and  the  cleanliness  of 
streets  and  alleys  and  premises  be  strictly  complied  with  and  enforced; 
and  it  shall  be  his  duty  whenever  it  shall  come  to  his  knowledge  that 
anything  or  state  of  things  exists  which  is  a  nuisance  or  which  is  about 
to  become  a  nuisance  or  injurious  to  the  health  of  the  City  to  notify  the 
person  causing  such  nuisance,  or  who  may  be  responsible  therefor,  or 
who  may  control  the  property  on  which  such  nuisance  or  injurious 
state  of  things  shall  exist,  to  at  once  remove  or  abate  the  same;  and 
should  the  person  so  notified  fail  to  abate  the  nuisance  complained  of 
within  twenty-four  hours  after  receiving  notification,  it  shall  be  the  duty 


Revised  Ordinances  of  the  City  of  Austin,  161 

of  the  Sanitary  Inspector  to  make  complaint  against  him  before  the 
Recorder  and  to  attend  and  give  evidence  in  the  case. 

Article  653.  Whenever  any  nuisance  has  been  declared  to  exist  and 
the  court  has  ordered  the  same  to  be  abated,  corrected  or  removed,  and 
the  author  of  such  nuisance  shall  refuse  to  obey  such  order,  the  Re- 
corder shall  make  an  order  directing  the  City  Marshal  to  abate,  correct 
or  remove  the  same  and  the  Marshal  shall  at  once  proceed  to  carry  out 
such  orders,  calling  such  assistance  as  he  may  deem  necessary  and  all 
costs  accruing  therein  shall  be  taxed  against  the  author  of  said  nuisance 
and  shall  be  collected  as  other  costs. 

Article  654.  The  word  nuisance,  as  used  in  this  connection,  shall 
be  understood  to  mean  anything  whatever  that  may  be  liable  or  about 
to  become  liable  to  affect  the  health  or  comfort  of  the  people  of  the 
City  of  Austin,  and  it  shall  be  the  duty  of  the  City  Health  Inspector 
to  report  as  such  all  premises,  houses,  vaults,  privies,  sinks,  stables,  smoke- 
houses, lumber  rooms,  undrained  ground,  stagnant  water,  hog  pens, 
barnyards,  cemeteries,  slaughter  houses,  hotels,  boarding  houses,  res- 
taurants, market  houses,  or  stalls,  streets,  alleys,  sidewalks  or  other 
grounds,  houses  or  premises,  and  all  pestilential,  contagious  or  infectious 
diseases  in  man  or  animal,  or  whatever  may,  in  his  opinion,  be  liable  to 
affect  the  health  of  the  city,  and  he  shall  have  power  to  condemn  diseased 
or  unhealthy  animals,  and  shall  give  noticQ  to  the  owners  thereof  that 
the  same  have  been  condemned. 

Article  655.  The  Sanitary  Inspector  shall  make  personal  inspec- 
tion of  all  nuisances  brought  to  his  attention,  and  in  every  instance  take 
active  steps  toward  securing  the  immediate  abatement  of  the  same; 
and  the  City  Council  shall  have  the  right  to  remove  him  from  office 
for  incompetency  or  for  neglecting  to  order  the  abatement  of  nuisances 
or  to  give  evidence  against  offenders. 

Article  656.  The  Sanitary  Inspector  shall,  as  occasion  seems  to  him 
to  demand,  make  such  reports  and  recommendations  to  the  Council  as 
are  in  his  judgment  demanded  by  the  sanitar}^  condition  of  the  ci-ty; 
and  whenever  he  shall  need  assistance  in  the  proper  performance  of  his 
duties,  he  shall  call  upon  the  Marshal,  who  shall  provide  him  with 
such  assistance  as  he. shall  need. 

Article  657.  All  costs  accruing  out  of  prosecutions  under  the  pro- 
visions of  this  title  shall  be  paid  by  the  offender,  and  each  day's  exist- 
ence of  a  nuisance  after  notification  shall  be  considered  a  separate  of- 
fense. 


162  Revised  Ordinances  of  the  City  of  Austin. 

CHAPTER  III. 

FOOD. 

Article  658.  Any  person  who  shall  sell,  or  offer  for  sale,  any  meat 
that  has  been  subjected  to  confinement  in  close  pens  more  than  forty- 
eight  (48)  hours  without  food  and  water,  shall  be  fined  not  less  than 
twenty  nor  more  than  one  hundred  dollars. 

Article  659.  If  the  owner  of  any  diseased  or  unhealthy  animal  shall 
slaughter,  or  cause  the  same  to  be  slaughtered,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  fined  in  any  sum  not  less  than  fifty  nor 
more  than  one  hundred  dollars. 

Article  660,  If  any  person  shall  sell,  or  offer  for  sale,  any  spoiled 
meat  or  other  provisions  not  in  sound  condition,  or  shall  knowingly  sell 
the  flesh  of  any  animal  dying  otherwise  than  by  slaughter,  or  slaughter 
when  diseased,  or  shall  sell  any  kind  of  corrupted,  diseased  or  unwhole- 
some substance,  whether  for  food  or  drink,  or  to  be  offered  by  such  seller 
for  sale  for  food  or  drink,  without  labeling  the  same  on  the  package, 
bundle,  box  or  bottle,  or  other  covering  in  plain  words,  "Unfit  for  food," 
if  the  same  was  originally  intended  for  food,  or  "Unfit  for  drink,"  if  the 
same  was  originally  intended  for  drink,  he  shall  be,  on  conviction, 
fined  not  less  than  twenty  nor  more  than  one  hundred  dollars;  and 
further,  if  any  person  shall  purchase  any  such  labeled  article,  and  shall 
remove  such  label  and  shall  offer  for  sale  or  sell  such  article  for  food 
or  drink,  he  shall  be,  on  conviction,  fined  not  less  than  twenty  nor  more 
than  one  hundred  dollars. 

Article  661,  Whoever  in  this  city  shall  sell,  give  away  or  otherwise 
dispose  of  any  poisonous  liquid,  substance  or  compound,  in  quantities 
sufficient  to  cause  death,  without  the  certificate  or  prescription  of  a 
regular  licensed  physician  in  good  standing,  or  shall  fail  to  keep  a 
record  of  the  name  of  such  physician,  and  of  the*  party  obtaining  such 
poison,  and  for  whom  it  is  obtained,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  fined  not  less  than  ten  nor  more  than  one  hundred  dol- 
lars, 

CHAPTER  IV, 

water^  for  use  and  stagnant. 

Article  662.  If  any  person  shall  wilfully  throw  or  place,  or  cause  to 
be  thrown  or  placed,  any  carcass  of  any  dead  animal  or  person,  or  any 
filth,  offal  or  other  unsound  or  offensive  animal  or  vegetable,  or  any 
other  deleterious  or  filthy  substance  whatever,  in  any  reservoir,  pipe  or 
aqueduct  of  said  system,.- through  which  water  for  public  or  private 
use  is  conveyed,  or  shall  throw  or  place,  or  cause  to  be  thrown  or  placed 
in  the  Colorado  River,  or  any  of  its  branches,  any  such  substance  above 


Eevised  Ordinances  of  the  City  of  Austin.  163 

the  city  dam  across  the  Colorado  Eiver  within  the  city  limits,  or  wilfully 
do,  or  cause  to  be  done,  any  act  to  pollute  said  water,  he  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  ten  dollars  and  not  exceeding  two  hundred  dollars. 

Aeticle  663.  It  shall  be  the  duty  of  the  owner,  proprietor  or  person 
in  charge  of  any  boat  house  on  said  lake,  or  near  the  margin  thereof, 
within  the  corporate  limits  of  the  City  of  Austin,  to  provide  such  boat 
house  with  a  water  closet  or  privy,  secure  against  leakage,  for  the  use 
of  persons  employed  on  or  permitted  in  such  boat  house,  and  it  shall 
also  be  the  duty  of  such  owner,  proprietor  or  persons  in  charge  to  cause 
the  contents  of  such  closet  or  privy  to  be  deposited  on  land  at  a  place 
from  which  the  drainage  does  not  lead  directly  to  said  lake.  Each  day 
such  boat  house  may  be  used  without  being  provided  with  such  closet 
or  privy  shall  be  deemed  a  separate  offense. 

Article  664.  It  shall  be  the  duty  of  the  owner,  proprietor  or  per- 
son in  charge  of  any  boat  used  for  the  purpose  of  transporting  passengers 
or  freight,  or  as  an  excursion  or  pleasure  boat  on  the  waters  of  said 
lake,  within  the  limits  of  the  City  of  Austin,  to  provide  such  boat  with 
a  closet  or  other  receptacle  for  the  excrement  and  urine  of  'the  crew, 
passengers  or  other  persons  permitted  on  such  boat,  and  it  shall  be  un- 
lawful for  such  owner,  proprietor  or  person  in  charge  of  such  boat  to 
allow  or  permit  the  contents  of  such  closet  or  receptacle  to  be  emptied 
into  the  waters  of  said  river  at  any  point  south  of  the  mouth  of  Bull 
Creek,  and  any  person  violating  this  article  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  $25 
nor  more  than  $200  for  each  offense. 

Article  665,  It  shall  be  unlawful  for  any  person  to  throw,  place 
or  deposit,  or  to  permit  to  be  thrown,  placed  or  deposited,  any  urine, 
excrement  or  sewerage  matter  in  the  waters  of  said  lake,  or  on  land  at  a 
place  from  which  the  drainage  leads  directly  into  said  lake,  within  the 
corporate  limits  of  the  City  of  Austin. 

Article  666.  Any  person  who  shall  violate  either  of  the  provisions 
of  this  chapter  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  twenty-five  nor  more  than  two  hun- 
dred dollars. 

Article  667.  It  is  hereby  made  the  duty  of  the  Sanitary  Inspector 
of  the  City  of  Austin  to  see  that  the  provisions  of  this  chapter  are  rigidly 
enforced,  and  to  promptly  make  complaint  against  all  persons  who  may 
violate  the  same. 

Article  668.  Whoever  shall  throw  or  deposit,  or  cause  to  be  thrown 
or  deposited,  into  any  cistern,  well,  spring,  fountain  or  other  place  con- 
taining water,  anything  whatever  calculated  to  injure,  poison  or  render 


164  Eevised  Oedinances  of  the  City  of  Austin. 

impure  the  water  therein,  shall  on  conviction  be  fined  not  less  than  five 
nor  more  than  one  hundred  dollars. 

Article  669.  It  shall  be  unlawful  for  any  person  within  the  cor- 
porate limits  of  the  City  of  Austin  to  permit  any  cistern,  barrel,  cess- 
pool, or  any  vessel  containing  water,  or  to  permit  any  standing  water 
on  his  premises,  imless  the  same  is  screened  with  wire  netting  with  the 
meshes  thereof  closely  enough  woven  to  prevent  mosquitoes  or  other 
insects  of  that  size  from  leaving  said  vessel  or  water,  no  matter  in 
what  it  is  contained,  or,  in  the  event  the  same  is  not  screened,  the  same 
shall  be  oiled  with  kerosene  oil  once  in  each  week,  and,  in  case  the  same 
is  a  cesspool,  to  be  both  oiled  and  disinfected  with  carbolic  acid  or  some 
other  disinfectant  approved  by  the  Sanitary  Inspector  of  the  City  of 
Austin,  at  least  once  in  each  week,  and  any  person,  firm  or  corporation 
violating  the  provisions  hereof  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars. 

Article  670.  For  the  nurpose  of  maintaining  better  health  in  the 
City  of  Austin,  and  for  the  purpose  of  preventing  stagnant  water  stand- 
ing in  the  streets  of  the  City  of  Austin,  and  for  the  purpose  of  protecting 
the  people  and  the  streets  of  the  City  of  Austin,  and  for  the  purpose  of 
having  the  streets  properly  drained,  it  is  made  the  duty  of  the  City 
Sanitary  Inspector  and  his  employes,  and  of  each  and  every  policeman 
in  the  City  of  Austin  to  observe  from  time  to  time  the  culverts  at  the 
intersections  of  streets  and  alleys  of  the  City  of  Austin  and  to  report  in 
writing  when  any  culvert  or  ditch  at  any  intersection  of  any  street  is 
stopped  up  or  closed  up  by  trash  or  otherwise. 

Article  671.  It  shall  be  the  duty  of  the  Police  Clerk  of  the  City  of 
Austin  to  keep  a  book  for  the  purpose  of  recording  the  reports  of  such 
officers  on  the  condition  of  such  culverts  and  drains,  and  it  shall  be 
the  duty  of  such  officer  so  reporting  to  report  the  same  in  writing  and 
to  place  the  same  in  writing  on  said  book  kept  for  such  purpose,-  and 
when  such  report  is  so  made  in  writing,  it  shall  be  reported  to  the  City 
Engineer  of  the  City  of  Austin,  and  when  said  condition  so  reported  is 
relieved  the  same  shall  be  checked  off  and  an  entry  be  made  of  the  date 
that  said  culvert,  drain  or  other  work  was  corrected  or  repaired. 

Article  672.  'If  any  person  in  this  city  shall  permit  or  allow  any 
stagnant  water  to  accumulate  or  remain  on  any  premises  owned  by 
him,  or  controlled  by  him  as  agent,  tenant  or  otherwise,  he  shall  be 
deemed  guilty  of  a  nuisance,  and  on  conviction  before  the  Recorder's 
Court  shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars. 

Article  673.     The  preceding  article  shall  not  apply  whoro  snob  water 


Eevised  Ordinances  of  the  City  of  Austin.  165 

accumulates  without  any  neglect  or  fault  of  such  owner,  agent  or  occu- 
pant. 

CHAPTER  V. 

trash^  etc. 

Article  674.  If  any  person  in  this  city  shall  sweep,  throw  or  deposit 
in  any  street,  alley,  sidewalk,  gutter,  creek,  or  branch  any  of  the  sweep- 
ings or  cleanings  of  dwelling  houses,  stores  and  other  premises  of  all 
kinds,  or  any  rags,  paper,  rubbish  or  refuse  matter  of  any  kind  what- 
soever, or  shall  cause  the  same  to  be  done  by  another,  he  shall  be  deemed 
guilty  of  a  nuisance,  and  on  conviction  thereof  before  the  Eecorder's 
Court  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

Article  675.  Each  owner,  lessee,  renter  or  person  in  possession  of 
any  business  or  residence  premises  in  the  City  of  Austin  shall  deposit, 
or  cause  to  be  deposited,  all  ordinary  refuse,  trash  and  sweepings  from 
such  premises  in  movable  receptacles  placed  in  the  alley  adjacent  to  such 
premises,  or,  if  there  be  no  adjacent  alley,  on  the  outside  of  the  side- 
walk adjacent  to  such  premises,  convenient  to  be  taken  off  by  the  scav- 
enger carts  at  such  time  as  may  be  directed  by  the  Sanitary  Inspector. 

Article  676.  Any  person  who  shall  violate  any  of  the  provisions  of 
the  preceding  article  shall  be  deemed  guilty  of  a  nuisance,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  five  dollars  or 
more  than  twenty-five  dollars;  provided,  that  tree  tops  and  manure 
shall  not  be  deemed  to  be  refuse,  trash  or  sweepings  within  the  meaning 
thereof. 

Article  677.  If  any  person  in  this  city  shall  throw,  place  or  de- 
posit, or  shall  cause  to  be  thrown,  placed  or  deposited  in  any  street, 
alley,  square,  sidewalk,  gutter,  creek,  branch  or  lot,  or  in  any  other  place 
or  premises,  the  carcass  of  any  dead  animal,  or  any  dead  fowl,  or  any 
putrid  or  unsound  meat  of  any  kind;  or  any  fish,  hides,  skins,  melon 
rinds,  vegetables  or  bones;  or  any  offal,  dung  or  filth  of  any  kind;  or 
any  slop,  dishwater,  waste  water,  or  any  unsound  or  offensive  matter 
of  any  kind,  or  any  matter  liable  to  become  offensive;  or  shall  permit 
any  such  matter  to  remain  on  or  about  any  premises  owned  by  him 
or  controlled  by  him  as  agent,  tenant  or  otherwise;  or  shall  permit  the 
same  to  remain  in  or  upon  the  street,  alley  or  sidewalk  adjoining  any 
premises  owned  by  him  or  controlled  by  him  as  agent,  tenant  or  other- 
wise, he  shall  be  deemed  guilty  of  a  nuisance,  and  on  conviction  thereof 
before  the  Recorder's  Court  shall  be  fined  in  any  sum  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

Article-  678.  If  any  person  in  this  city  shall  cause  or  permit  the 
water  or  any  liquid  matter  from  any  livery  stable,  drug  store,  saloon. 


166  Eevised  Ordinances  of  the  City  of  Austin. 

soda  fountain,  bath  house,  barber  shop,  printing  office,  photograph  gal- 
ler}^  or  from  any  dwelling  house,  store  or  manufactory,  or  from  any 
building  or  establishment  of  any  character  whatsoever  to  run  and  be 
discharged  in  and  upon  any  street,  alley,  sidewalk  or  gutter  of  this  city 
by  any  pipe  or  conduit  or  by  any  other  means,  he  shall  be  deemed  guilty 
of  a  nuisance,  and  on  conviction  before  the  Eecorder's  Court  shall  be 
fined  in  any  sum  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

Article  679,  The  preceding  article  shall  not  apply  to  water  not 
offensive  in  paved  gutters,  nor  to  water  in  yards  or  gardens  attached 
to  dwellings,  nor  to  water  coming  from  private  bath  houses,  unless  the 
same  shall  become  offensive. 

CHAPTER  VI.      ' 

UNCLEAN    PREMISES^    ETC. 

Article  680.  If  any  person  in  this  city  shall  carry  on  or  cause  to 
be  carried  on  any  trade,  business  or  profession  which  is  dangerous  or 
injurious  to  the  health  of  this  city,  or  any  of  the  citizens  thereof,  or  shall 
suffer  or  allow  anything  or  state  of  things  to  exist  on  any  premises  owned 
by  him  or  controlled  by  him  as  agent,  tenant  or  otherwise,  liable  to  pro- 
duce like  results,  he  shall  be  deemed  guilty  of  maintaining  a  nuisance  and 
on  conviction  before  the  Recorder's  Court  shall  be  fined  in  any  sum 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Article  681.  If  any  person  in  this  city  shall  keep  or  cause  or  aUow 
to  be  kept  any  premises  o-wTied  by  him  or  controlled  by  him  as  agent, 
tenant  or  otherwise  in  such  manner  and  condition  as  to  be  unhealthy  or 
offensive  to  others,  he  shall  be  deemed  guilty  of  a  nuisance,  and  on  con- 
viction before  the  Recorder's  Court  shall  be  fined  in  any  sum  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars 

Article  682.  If  any  person  in  this  city  shall  keep  or  cause  or  allow 
to  be  kept  any  lot,  pen,  place  or  premises  owned  by  him  or  controlled 
by  him  as  agent,  tenant  or  otherwise,  in  which  hogs  or  other  animals  are 
kept,  in  such  manner  and  condition  as  to  be  offensive  or  injurious  to  the 
health  of  others,  he  shall  be  deemed  guilty  of  a  nuisance,  and  on  con- 
viction before  the  Recorder's  Court  shall  he  fined  in  any  sum  not  less 
than  ton  dollars  nor  more  than  one  hundred  dollars. 

Article  683.  If  any  person  in  this  city  shall  keep,  or  cause  to  be 
kept,  any  distillery,  tannery,  brewery,  tallow-chandler's,  soap-boiler's, 
dyer's,  or  other  establishment,  hotel,  eating  house,  restaurant,  boarding 
house,  ordinary,  drinking  ,8aloon,  beer  saloon,  livery  stable,  or  other 
establishment  or  premises,  in  such  manner  as  to  be  unhealthy  or 
offensive;    or    in    such    manner    as    to    produce    offensive    odors,    or 


Eevised  Ordinances  of  the  City  of  Austin.  1G7 

in  such  manner  as  to  discharge  any  foul,  nauseous,  offensive  or 
unwholesome  liquid  or  substance  into  any  street,  alley,  gutter,  lot 
or  other  adjacent  ground,  public  or  private,  he  shall  be  deemed  guilty 
of  a  nuisance,  and  on  conviction  before  the  Eecorder's  Court  shall  be 
fined  in  any  sum  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

Article  684,  It  shall  not  be  lawful  for  any  person  to  establish  any 
slaughter  house  in  this  city,  or  to  slaughter  any  animal  for  butcher's 
meat  within  the  limits  of  this  city,  except  for  the  use  of  the  person  so 
slaughtering.  "And  any  person  who  shall  violate  any  of  the  provisions 
of  this  article  shall,  on  conviction  thereof,  be  fined  not  less  than  ten 
or  more  than  one  hundred  dollars  for  each  and  every  offense. 

Article  685.  It  shall  be  unlawful  for  any  person  to  cure  green  hides 
or  poison  dry  hides  within  the  limits  of  the  City  of  Austin. 

Article  686.  Any  person  who  shall  violate  the  provisions  of  the 
preceding  article  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  fined  not  less  than  five  nor  more  than  one  hundred  dol- 
lars. 

Article  687.  Whoever  shall  wash  horses  or  vehicles  in  any  public 
place,  so  as  to  obstruct,  render  unclean  or  interfere  with  the  free  use 
of  the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  punished  by  a  fine  of  not  less  than  five  nor  more  than  one  hun- 
dred dollars. 

Article  688.  If  any  person  in  this  city  shall  allow  or  permit  any 
liorse,  ox  or  other  animal  owned,  controlled  or  kept  by  him  and  which 
has  come  to  its  death  by  drowning,  disease  or  otherwise,  to  lie  upon  the 
bank  of  the  river,  or  other  stream,  or  in  and  upon  any  street,  alley, 
square,  lot  or  other  ground,  either  public  or  private,  he  shall  be  deemed 
guilty  of  a  nuisance,  and  on  conviction  thereof  before  the  Recorder's 
Court  shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 

Article  689.  If  any  person  in  this  city  shall  keep,  or  allow  to  be 
kept,  on  any  premises  owned  by  him  or  controlled  by  him  as  agent, 
tenant  or  otherwise,  any  privy,  vault  or  sink  in  such  manner  as  to  be 
unhealthy  or  offensive  to  any  person  whomsoever;  or  in  such  manner 
as  to  produce  offensive  smells;  or  shall  fail  or  refuse  to  obey  any  direc- 
tions of  the  health  officers  of  the  city  relative  thereto,  he  shall  be  deemed 
guilty  of  a  nuisance  and  on  conviction  thereof  before  the  Eecorder's 
Court  shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars. 

Article  690.  If  any  person  in  this  city  shall  put  up  or  use  or  cause  to 
be  put  up  or  used  for  any  privy,  vault  or  sink  on  any  premises  owned  by 
him  or  controlled  by  him  as  agent,  tenant,  or  otherwise,  upon  the  boun- 


168  Revised  Ordinances  of  the  City  of  Austin. 

dary  line  between  such  premises  and  other  premises  not  owned  and 
controlled  by  him,  without  the  consent  of  the  owner  of  such  other  prem- 
ises, or  upon  the  boundary  line  of  any  street,  square  or  other  public 
place;  or  at  a  less  distance  than  three  feet  from  the  boundary  line  of 
any  alley,  he  shall  be  deemed  guilty  of  a  nuisance,  and  on  conviction 
thereof  before  the  Recorder's  Court  shall  be  fined  in  any  sum  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars. 

Article  691.  When  it  becomes  necessary,  in  the  opinion  of  the  City 
Physician,  for  the  preservation  of  health  or  the  prevention  of  disease, 
to  use  any  disinfectant,  or  to  use  any  other  precaution  therefor,  the 
Mayor  may,  by  consent  of  the  Council,  order  the  same  to  be  done,  and 
it  shall  be  deemed  a  misdemeanor  for  any  person  in  this  city  to  fail 
or  refuse  to  obey  siich  order. 

Article  692.  Between  March  1st  and  December  1st  of  each  and 
every  year  disinfectants  or  dry  earth  shall  be  used  in  every  privy,  vault 
or  sink,  at  least  once  in  each  week,  and  in  all  other  places  when  directed 
by  the  City  Physician  as  often  as  may  be  required. 

Article  693.  If  any  person  in  this  city  shall,  after  receiving  notice 
that  any  house,  privy  or  premises  of  any  kind  owned  by  him  or  under 
his  control  as  agent,  tenant  or  otherwise,  is  in  an  unclean  or  unhealthy 
condition,  fail  or  refuse  to  place  the  same  in  such  sanitary  condition  as 
may  be  prescribed  by  the  City  Physician  or  City  Council  within  five 
days  from  the  date  of  such  notice,  he  shall  be  deemed  guilty  of  maintain- 
ing a  nuisance,  and  on  conviction  thereof  before  the  Recorder's  Court 
shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

CHAPTER  VII. 

removal  of  filth,  etc. 

Article  694.  If  any  person  in  this  city  shall  remove  any  box,  tub 
or  other  thing  containing  the  contents  of  any  privy,  vault  or  sink  or 
remove  the  contents  of  any  privy  vault  or  sink,  except  in  accordance 
with  the  regulations  prescribed  by  the  City  Physician  or  by  the  City 
Council,  or  in  such  manner  as  to  be  offensive  to  any  person  whom- 
soever, he  shall  be  deemed  guilty  of  a  nuisance,  and  on  conviction  before 
the  Recorder's  Court  shall  be  fined  in  any  sum  not  less  than  ten  dol- 
lars nor  more  than  one  hundred  dollars. 

Article  695.  It  shall  not  be  lawful  for  any  person  in  this  city  to 
clean  out  or  remove  the  contents  of  any  privy,  vault,  sink  or  other 
place  of  deposit  of  like  character,  unless  such  work  be  done  between 
the  hours  of  twelve  o'clock  at  night  and  four  o'clock  in  the  morning, 
and  shall  use  an  odorless  apparatus  therefor,  and  any  person  violating 


Kevised  Ordinances  of  the  City  of  Austin.  169 

the  provisions  of  this  ordinance  shall  on  conviction  be  fined  not  lesa 
than  five  nor  more  than  one  hundred  dollars. 

Article  696.  If  any  person  in  this  city  shall  deposit,  or  cause  to  be 
deposited,  the  contents  of  any  privy,  vault  or  sink,  or  the  offensive  rub- 
bish and  refuse  matter  from  any  premises  whatsoever,  in  any  street, 
alley,  sidewalk,  gutter,  creek,  branch,  lot,  square  or  other  place,  private 
or  public,  within  the  limits  of  the  city  or  within  four  hundred  yards 
of  the  limits  of  the  city,  he  shall  be  deemed  guilty  of  a  nuisance,  and  on 
conviction  thereof  before  the  Eecorder's  Court,  shall  be  fined  in  any 
sum  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Article  697.  It  shall  be  unlawful  for  any  person  to  move  slops 
and  swills  in  carts,  wagons  or  other  vehicles  in  the  City  of  Austin  between 
the  hours  of  6  o'clock  a.  m.  and  8  o'clock  p.  m. ;  provided,  that  this 
ordinance  shall  not  apply  to  persons  hauling  such  slops  in  odorless  tanks 
at  any  time  of  the  day.  Any  person  violating  any  of  the  provisions 
hereof  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined 
not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  698.  If  any  person  in  this  city  shall  deposit,  place  or  leave 
or  cause  to  be  deposited  or  placed  or  left,  the  carcass  of  any  dead  animal 
within  one  thousand  yards  of  the  limits  of  this  city;  or  shall  deposit, 
or  cause  to  be  deposited,  in  the  Colorado  Eiver  above  the  city,  or  at 
any  point  in  said  river  less  than  one  thousand  yards  below  the  limits  of 
the  city,  or  shall  fail  to  bury  the  same  when  so  carried  beyond  the  city 
limits,  he  shall  be  deemed  guilty  of  a  nuisance  and  on  conviction  before 
the  Recorder's  Court  shall  be  fined  in  any  sum  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars. 

Article  699.  It  shall  be  the  duty  of  the  City  Physician  or  other 
proper  officer  of  the  city,  to  cause  the  removal  and  burial  at  the  expense 
of  the  city  of  all  carcasses  of  dead  animals,  the  owner  of  which  can  not 
be  ascertained. 

CHAPTER  VIII. 

pigeons. 

Article  700.  It  shall  not  be  lawful  for  any  person  or  persons  own- 
ing or  controlling  pigeons  within  the  corporate  limits  of  the  City  of 
Austin,  to  suffer  or. allow  the  same  to  go  at  large  within  said  limits. 

Article  701.  Any  person  or  persons  violating  the  preceding  article 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  in  a  sum  of  not  less  than  five  nor  more  than  one  hundred  dol- 
lars. 


170  Eevised  Oedinances  of  the  City  of  Austin. 

CHAPTEE  IX. 

SCHOOLS,  PUBLIC  AND  PRIVATE — SANITAET  REGULATIONS  OF  SAME. 

Article  703.  It  shall  be  and  it  is  hereby  made  the  duty  of  the  City 
Marshal  to  make,  or  cause  to  be  made,  a  careful  inspection  of  the  vaults, 
sinks,  privies  and  water  closets  attached  to  or  used  by  all  schools,  both 
public  and  private,  within  the  City  of  Austin,  at  least  once  in  every 
thirty  days  during  the  time  such  schools  are  in  session. 

Article  703.  It  shall  be  the  duty  of  the  City  Marshal  to  require 
that  all  such  vaults,  sinks,  privies  and  water  closets  shall  at  all  times 
be  kept  in  a  clean  and  healthy  condition,  and  that  no  accumulation  of 
filth  be  permitted. 

Article  704.  The  said  City  Marshal  shall,  when  necessary,  prescribe 
and  require  the  use  of  dry  earth,  disinfectants  and  such  other  means 
as  he  may  deem  advisable  to  prevent  the  generation  of  disease  in  any 
such  vault,  sink,  privy  or  water  closet. 

Article  705.  When  any  vault,  sink,  privy  or  water  closet  belong- 
ing to  or  used  by  any  public  school  is  found  to  be  in  an  unclean  and 
unhealthy  condition,  it  shall  be  the  duty  of  the  City  Marshal  to  imme- 
diately give  notice  thereof  to  the  principal,  or  teacher,  or  person  in  charge 
of  such  school,  and  if  the  same  shall  not  be  placed  in  a  clean  and  healthy 
condition  within  three  days  after  such  notice,  then  it  shall  be  the 
duty  of  the  City  Marshal  to  give  official  notice  of  such  fact  to  the  board 
of  trustees  of  the  public  schools,  through  the  president  of  such  board; 
and,  if  the  same  shall  not  be  placed  in  a  clean  and  healthy  condition 
within  three  days  after  such  notice  to  the  board  of  trustees,  then  the 
City  Marshal  shall  make  due  report  thereof  to  the  City  Council. 

Article  706.  When  any  vault,  sink,  privy  or  water  closet  belonging 
to  or  used  by  any  private  school  or  institute  of  learning  is  found  to  be 
in  an  unclean  or  unhealthy  condition,  it  shall  be  the  duty  of  the  City 
Marshal  to  immediately  give  notice  thereof  to  the  president,  principal, 
proprietor,  teacher  or  person  in  charge  of  such  school  or  institute,  and 
if  the  same  shall  not  be  placed  in  a  clean  and  healthy  condition  within 
three  days  after  such  notice,  then  it  shall  be  the  duty  of  the  City  Mar- 
shal to  make  due  report  thereof  to  the  City  Council. 

Article  707.  The  provisions  of  this  chapter  shall  in  no  manner 
supersede  or  repeal  any  ordinance  or  the  provisions  of  any  ordinance 
of  this  city  defining  and  punishing  nuisances,  but  this  chapter  shall  be 
cumulative  of  the  remedies  provided  in  such  ordinances. 


Kevised  Ordinances  of  the  City  of  Austin.  171 

CHAPTER  X. 

disease,  contagious. 
I.    generally. 

Article  708.  It  shall  be  the  duty  of  the  City  Physician  whenever 
he  is  informed  of  the  existence  of  any  pestilential,  contagious  or  in- 
fectious disease  within  the  city,  to  cause  the  person  or  persons  so 
diseased  to  be  taken  to  such  place  as  he  may  designate,  away  from  all 
probable  danger  of  communication,  for  treatment;  and  such  place  shall 
become  a  pest  house,  and  shall  be  under  the  exclusive  control  of  the 
City  Physician,  who  shall  issue  such  orders  as  will,  if  possible,  prevent 
the  spread  of  such  disease. 

Article  709.  WTien  any  case  of  scarlet  fever,  diphtheria,  or  other 
malignant  disease  of  like  character  shall  exist  in  this  city,  it  shall  be 
the  duty  of  the  City  Physician  to  immediately  take  charge  and  control 
of  such  case,  and  to  isolate  the  person  or  persons  affected  with  such 
disease.  To  effect  such  isolation,  it  shall  be  the  duty  of  the  City 
Physician  to  declare  the  house  or  residence  occupied  by  such  person  to 
be  infected,  and  he  shall  cause  a  red  flag,  or  other  like  token  of  warning, 
to  be  placed  in  front  of  such  house  or  residence,  and  no  communication 
with  such  house  or  residence  shall  be  permitted,  and  the  same  shall 
be  and  remain  in  a  state  of  quarantine  until  all  danger  of  infection  or 
spread  of  such  disease  shall  be  past.  Ko  person  shall,  under  any  pre- 
text whatever,  be  permitted  to  leave  such  house,  residence  or  premises; 
and  no  person  shall  be  permitted  to  enter  the  same  while  such  disease 
exists  therein.  The  City  Physician  shall  have  general  charge  and  con- 
trol of  such  cases,  and  the  same  shall  be  subject  to  his  orders  and  direc- 
tion as  to  all  matters  covered  by  this  ordinance.  It  shall  be  the  duty 
of  the  City  Physician  to  see  that  all  houses,  residences  and  premises 
where  such  disease  has  existed,  shall  be  thoroughly  disinfected  and  fumi- 
gated, and  he  shall  adopt  all  measures  necessary  to  abate  and  prevent 
the  spread  of  the  disease;  and  shall  have  power  to  call  on  the  City 
Marshal  for  aid  and  assistance  when  necessary. 

Article  710.  The  provisions  of  this  ordinance  shall  not  apply  to 
physicians,  nurses  and  persons  who  have  changed  their  infected  cloth- 
ing and  undergone  proper  cleansing  and  disinfection,  as  required  by  the 
City  Physician,  whose  duty  it  shall  be  to  prescribe  and  enforce  such 
measures  as  are  usually  observed  in  the  prevention  of  the  spread  of 
contagious  and  infectious  diseases;  and  provided,  that  this  ordinance 
shall  not  apply  to  the  State  Health  Officer,  except  as  to  disinfection. 

Article  711.  It  shall  be  the  duty  of  all  practitioners  of  medicene 
or  surgery,  who  may  be  called  to  visit  any  person  or  persons  whatever, 
affected  with  any  contagious  or  infectious  disease;  or  any  nurse,   or 


172  Eevised  Ordinances  of  the  City  of  Austin. 

head  of  family,  who  may  have  any  such  cases  not  under  care  of  physician, 
under  their  supervision,  to  report  to  the  City  Physician  all  such  cases 
at  once;  whose  duty.it  shall  be  to  enter  all  such  cases,  name,  age,  sex, 
nature  of  disease,  and  other  facts  of  interest,  in  a  record  book  kept  for 
that  purpose,  and  immediately  enforce  the  provisions  of  this  ordinance. 

Article  712.  It  shall  be  the  duty  of  every  physician,  hotel  keeper 
or  other  person  in  this  city  to  report  at  once  to  the  City  Physician  any 
case  of  pestilential,  contagious  or  infectious  disease  which  may  in  any 
manner  come  to  his  knowledge. 

Article  713.  It  is  hereby  made  the  duty,  of  the  City  Physician 
himself  to  observe  the  same  precaution  herein  indicated  for  others,  by 
changing  his  clothing  and  using  necessary  measures  of  disinfection. 

Article  714.  If  any  person,  after  any  house,  residence  or  premises 
has  been  by  the  City  Physician  declared  infected  and  placed  un- 
der quarantine,  because  of  the  existence  of  scarlet  fever,  diphtheria 
or  other  like  malignant  disease,  shall  leave  such  house,  residence  or 
premises  and  mingle  with  the  people  of  this  city;  or  if  any  person 
not  a  member  of  the  family,  residing  in  such  house,  residence  or  prem- 
ises, shall  knowingly  enter  such  house,  residence  or  premises  where  such 
disease  exists;  or  if  any  person  shall  refuse  to  obey  the  orders  of  the 
City  Physician  in  such  cases,  or  shall  resist  the  City  Physician  in 
the  discharge  of  his  duties  under  the  provisions  of  this  ordinance,  ho 
shall,  on  conviction  in  the  Recorder's  Court,  be  fined  not  less  than  five 
nor  more  than  one  himdred  dollars. 

Article  715.  This  chapter,  except  the  succeeding  article,  shall  not 
apply  to  cases  of  smallpox. 

Article  716,  That  it  shall  not  be  lawful  for  the  owner,  driver,  con- 
ductor or  person  in  charge  of  any  engine,  car,  train,  stage,  carriage  or 
other  vehicle  whatever,  to  bring  to  or  transport  within  this  city  any 
person  afflicted  with  any  pestilential,  contagious  or  infectious  disease, 
or  any  property  whatever  infected  with  the  same,  and  any  person  vio- 
lating the  provisions  of  this  article  shall,  on  conviction,  be  fined  not 
less  than  five  nor  more  than  one  hundred  dollars. 

II.      SMALLPOX. 

Article  717.  It  is  hereby  made  the  duty  of  the  City  Physician  to 
at  once  establish  a  pest  house  at  some  place  by  him  deemed  suitable 
for  the  purpose,  and  to  so  arrange  the  same  that  persons  therein  confined 
may  be  properly  treated  and  cared  for  and  not  suffer  unreasonable  ex- 
posure to  the  weather.    - 

Article  718.  It  shall  be  the  duty  of  the  City  Physician,  when- 
ever in  his  judgment  the  safety  of  the  public  health  may  require,  to 
remove  all  persons  in  the  city  of  Austin  who  may  be  affected  with 


Revised  Ordinances  of  the  City  of  Austin.  173 

smallpox  to  such  pest  house,  and  confine  them  in  the  same  so  long  as 
may  be  necessary  to  prevent  the  spread  of  such  disease,  and  the  City 
Physician  is  hereby  fully  authorized  and  empowered  to  make  such  rules 
and  regulations  for  the  government  of  such  pest  house  and  persons 
therein  confined,  as  in  his  judgment  will  subserve  the  public  health, 
and  he  is  hereby  authorized  to  call  on  the  City  Marshal  and  the  police 
force  of  the  city  for  such  assistance  as  he  may  require  to  effectively 
execute  the  provisions  hereof. 

Article  719.  The  City  Physician  is  hereby  authorized  and  em- 
powered to  enter  into  and  upon  any  and  all  premises  situated  within 
the  corporate  limits  of  the  City  of  Austin,  whenever  he  shall  suspect  that 
smallpox  is  concealed  or  exists  therein  or  thereon;  and  any  person  who 
shall  oppose  or  in  any  way  obstruct  or  interfere  with  the  right  of  said 
officer  to  enter  into  or  upon  such  premises  for  the  purpose  of  inspecting 
same  or  who  shall  fail  or  refuse  to  forthwith  disinfect  and  clean  up 
premises  owned  or  possessed  by  him  to  the  satisfaction  of  said  officer, 
after  smallpox  has  been  discovered  thereon  or  therein,  shall  be  fined 
not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  720.  It  is  hereby  made  the  duty  of  each  and  every  physician 
practicing  his  profession  within  the  corporate  limits  of  the  City  of  Aus- 
tin to  forthwith  report  to  the  City  Physician  each  case  of  smallpox  that 
may  come  to  his  knowledge,  and  the  failure  of  any  such  physician  to  at 
once  report  each  and  every  case  to  the  City  Physician  shall  constitute  a 
misdemeanor  for  which  each  physician  so  failing  to  report  shall  be  fined 
not  less  than  twenty-five  nor  more  than  two  hundred  dollars. 

CHAPTER  XI. 

hospitals. 

Article  721.  The  City  Council  may,  at  any  time,  order  the  estab- 
lishment of  one  or  more  hospitals  for  the  treatment  of  the  sick  or  dis- 
abled, and  make,  or  authorize  the  City  Physician  to  make,  such  rules 
and  regulations  for  the  management  of  the  same  as  may  be  or  become 
necessary,  and  may  prescribe  fees  and  dues  for  the  reception  and  keeping 
of  patients  therein. 

Article  722.  The  City  Physician,  under  rules  to  be  prescribed  by 
the  Board  of  Trustees  of  the  City  and  County  Hospital,  shall  have  general 
control  and  supervision  of  the  hospital  and  its  officers,  employes  and  in- 
mates, and  it  shall  be  his  duty  to  visit  the  patients  therein  at  least 
once  each  week.  He  shall  have  authority,  with  the  written  approval  of 
the  Mayor,  to  send  to  the  hospital  any  sick  or  disabled  persons  who 
are  unable  to  pay  for  treatment,  for  treatment  free  of  charge;  provided, 
that  none  but  bona   fide  residents  of  the   City  of   Austin  or  Travis 


174  Revised  Ordinances  of  the  City  of  Austin. 

County  shall  be  admitted  to  the  hospital  for  treatment,  except  in  cases 
of  emergency. 

Article  723.  All  hospital  fees  and  dues  shall  be  set  aside  as  a  hospital 
fund,  and  the  Treasurer  shall  keep  a  separate  account  of  the  same. 

Article  724.  All  hospitals  shall  at  all  times  be  open  to  the  iuspec- 
tion  of  the  Mayor  or  any  member  of  the  City  Council. 

Article  725.  Xo  hospital,  public  or  private,  shall  at  any  time  be 
established  within  the  limits  of  this  city  without  the  permission  oi 
the  City  Council,  expressed  by  resolution  spread  upon  the  journals, 
and  any  person  violating  this  article  shall  be  deemed  guilty  of  a  mis- 
demeanor for  every  day  the  same  may  remain. 

Article  726.  That  all  simis  of  money  hereafter  appropriated  by  the 
City  Council  for  hospital  purposes  shall  be  set  aside  by  the  City  Treas- 
urer as  a  special  fund,  to  be  paid  out  on  drafts  or  orders  drawn  against 
the  same  by  the  President  of  the  Board  of  Trustees  of  the  City  and 
County  Hospital. 

Article  727.  Block  number  one  hundred  and  sixty-six  and  one- 
half  (166|),  in  the  City  of  Austin,  together  with  the  buildings  and 
improvements  thereon,  and  to  be  placed  thereon,  is  hereby  set  apart  and 
dedicated  as  a  "City  and  County  Hospital,"  for  the  reception  and  treat- 
ment of  sick  and  disabled  persons. 

Article  728.  The  general  management,  control  and  direction  of 
the  affairs  of  said  hospital,  shall  be  vested  in  a  Board  of  Trustees,  to  be 
styled  "the  Board  of  Trustees  of  the  City  and  County  Hospital,"  and  to 
consist  of  three  members,  one  of  whom  shall  be  elected  by  the  City 
Council  of  the  City  of  Austin,  one  by  the  County  Commissioners  Court 
of  Travis  County,  and  one  jointly  by  said  City  Council  and  said  County 
Commissioners  Court.  Said  Trustees  shall  hold  their  offices  for  the  terra 
of  two  years,  and  until  their  successors  are  appointed  and  qualified. 
They  shall  take  and  subscribe  to  the  oath  of  office,  prescribed  by  law, 
and  shall  organize  by  electing  one  of  their  members  to  be  president 
of  the  Board;  provided  that  so  long  as  the  city  remains  in  exclusiv.^ 
charge  of  the  City  and  County  Hospital  the  same  shall  be  under  the 
control  of  the  Committee  on  Hospital  of  the  City  Council,  and  they 
shall  manage  the  same  under  the  same  rules  as  are  herein  prescribed 
for  the  government  of  such  hospital  by  a  board  of  trustees. 

Article  729.  The  Board  of  Trustees  shall  prescribe  and  adopt 
all  necessary  by-laws,  rules  aifd  regulations  for  the  government  of  said 
hospital,  its  officers  and  employes  and  inmates,  and  shall  prescribe  and 
adopt  rules  and  regulations  for  the  admission  of  applicants  to  said  hos- 
pital; provided,  that  no,  person  afflicted  with  any  contagious  or  in,- 
fectious  diseases  shall  ever  be  received  into  said  hospital ;  and  provided 
further,  that  the  Board  of  Trustees  shall,  at  its  first  regular  meeting. 


Ebvised  Okdinances  of  the  City  of  Austin.  175 

and  every  three  months  thereafter,  submit  to  the  City  Council  an  esti- 
mate of  the  amount  of  money  necessary  to  support  said  hospital,  to  be 
used  as  a  basis  of  appropriation. 

Akticle  730.  The  Board  of  Trustees  shall  prescribe  and  fix  the  dues 
and  fees  of  persons  admitted  to  said  hospital,  and  the  City  Physician 
may,  with  the  written  approval  of  the  Mayor,  send  thereto  any  sick  oi 
disabled  persons  who  are  unable  to  pay  for  treatment,  free  of  charge; 
provided,  that  the  County  of  Travis  shall  have  the  like  rights  and 
privileges;  and  provided  further,  that  no  person  not  a  citizen  of  the 
City  of  Austin  or  of  Travis  County  shall  be  admitted  to  the  hospital 
for  treatment,  except  in  cases  of  emergency. 

Article  731.  All  hospital  dues  and  fees  shall  be  collected  under  the 
regulations  to  be  prescribed  by  the  Board  of  Trustees,  and  the  same 
shall  be  set  aside  as  a  hospital  fund,  and  the  City  Treasurer  shall  keep 
a  separate  account  of  the  same. 

Article  732.  All  purchases  of  medicine,  provisions  and  supplies 
for  the  hospital  shall  be  made  under  the  direction  of  the  resident 
physician  of  the  hospital,  for  such  length  of  time  and  under  such  regu- 
lations as  the  Board  of  Trustees  may  prescribe. 

Article  733.  A  report,  containing  an  itemized  account  of  all  re- 
ceipts and  expenditures  of  money,  and  of  all  purchases  made,  accom- 
panied by  proper  vouchers,  shall  be  made  to  the  City  Council  by  the 
Board  of  Trustees  once  every  three  months,  at  the  meeting  of  said 
Council  held  on  the  first  Mondays  in  January,  April,  July  and  October; 
provided,  that  the  city  shall  in  no  event  be  liable  for  more  than  one- 
half  of  the  expenses  of  said  hospital. 

Article  734.  The  City  Council  shall  at  the  first  regular  meeting 
after  each  regular  election  of  Mayor  elect  a  Resident  Physician  of  the 
City  and  County  Hospital,  the  which  shall  be  under  his  immediate  care 
and  control.  He  shall  be  a  resident  citizen  and  voter  of  the  State  of  Texas 
and  the  City  of  Austin,  and  a  practicing  physician  in  good  standing. 
He  shall  reside  at,  or  adjacent  to,  and  shall  have  charge  of  the  City 
and  County  Hospital,  under  the  superintendence  of  the  City  Physician 
and  the  Hospital  Committee  of  the  City  Council,  and  shall  discharge 
such  duties  as  may  devolve  upon  him  under  the  ordinances  relating  to 
said  hospital.  He  shall  hold  his  office  for  the  term  of  two  years  and 
until  his  successor  is  chosen  and  qualified,  and  shall  receive  an  annual 
saJary  of  six  hundred  dollars  payable  in  equal  monthly  instalments. 

Article  735.  The  City  Council  shall,  at  the  first  regular  meeting 
after  each  regular  election  of  Mayor,  proceed  to  designate  a  Matron  of 
the  City  and  County  Hospital;  who  shall  hold  her  office  for  two  years, 
and  until  her  successor  is  qualified,  and  the  City  Council  shall  also 
designate  such  other  employes  as  may  be  necessary  to  carry  on  the  bust- 


176  Revised  Ordinances  of  the  City  of  Austin. 

ness  of  the  city,  whose  terms  of  service  and  compensation  shall  be  fixed 
and  duties  prescribed  by  the  ordinances  providing  for  their  appointment. 

Article  736.  The  Eesident  Physician  of  the  City  and  County  Hos- 
pital shall  be  charged  with  the  care  and  management  of  the  medicine 
and  supplies  of  the  hospital,  and  shall  visit  each  patient  therein  at 
least  once  each  day.  He  shall  make  weekly  reports  to  the  City 
Physician  of  the  condition  of  the  hospital  and  the  patients  therein,  and 
suggest  such  changes  and  amendments  of  the  rules  and  regulations  as 
may,  in  his  judgment,  be  necessary  or  beneficial. 

Article  737.  The  Matron  of  the  hospital  shall  be  a  person  compe- 
tent to  perform  the  duties  required  of  her,  and  shall  perform  such 
duties  as  are  usually  required  of  matrons  of  such  institutions.  She 
shall  receive  an  annual  salary  of  six  hundred  dollars,  payable  in  equal 
monthly  payments. 

Article  738.  Such  other  employes  and  assistants  as  may  be  neces- 
sary for  the  proper  management  and  conduct  of  the  hospital  may  be 
provided  from  time  to  time  by  the  City  Council,  on  the  recommenda- 
tion of  the  City  Physician,  and  their  compensation  and  terms  of  em- 
ployment fixed. 


Revised  Ordinances  of  the  City  of  Austin.  177 


TITLE    XXX, 


PUBLIC  PLACE. 


CHAPTEE  I. 

DEFINITION. 

Article  739.  A  public  place  within  the  meaning  of  the  ordinances 
of  this  city  is  any  public  street,  alley,  square,  highway,  grounds,  house 
or  premises;  or  any  hotel,  restaurant,  boarding  house,  grocery,  saloon, 
garden,  workshop,  or  other  place,  or  part  of  the  same,  to  which  people 
usually  resort,  or  have  a  right  to  resort  for  business  or  pleasure. 


178  Eeyised  Ordinances  of  the  City  of  Austin. 


TITLE  XXXI. 


PUBLIC  SAFETY  AND  MORALITY. 


CHAPTER  I. 
regulation  of. 

Article  740.  Whoever  shall,  in  this  city,  blast  or  cause  to  be 
blasted,  any  rock,  earth  or  other  material,  without  having  the  same, 
at  the  time  of  setting  off  the  blast  covered  on  all  sides  with  good  sound 
plank  or  timber  of  sufficient  length,  width  and  thickness,  and  so  placed  as 
effectually  to  prevent  fragments  of  the  same  from  ascending  into  the  air, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  741.  It  shall  not  be  lawful  for  any  person  to  leave  any 
cistern  or  well  in  or  near  any  public  place  uncovered,  or  covered  in  so 
insecure  a  manner  as  to  endanger  the  lives  or  limbs  of  passers-by. 

Article  742.  It  shall  be  unlawful  for  any  person  or  persons  within 
the  City  of  Austin  to  pick  up,  gather  and  throw  any  "confetti,"  or  any 
other  objectionable  substance  from  any  of  the  streets  or  sidewalks  of 
the  City  of  Austin;  and  it  shall  further  be  unlawful  for  any  person 
or  persons  to  sell  such  "confetti"  when  so  picked  up  and  gathered,  and 
an}'  person  violating  this  ordinance  or  any  provision  thereof  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  743.  It  shall  not  be  lawful,  within  the  corporate  limits  of 
the  City  of  Austin,  for  any  person,  firm  or  corporation  to  sell  any  toy 
pistol  shooting  any  form  of  cartridge,  or  any  air  gun  shooting  any  form 
of  projectile,  and  it  shall  not  be  lawful,  within  the  corporate  limits 
of  the  City  of  Austin,  to  discharge  or  fire  any  such  pistol  or  air  gun;  and 
it  shall  further  be  unlawful,  within  the  corporate  limits  of  this  city, 
to  discharge,  fire  or  set  off  any  pyrotechnic  exhibition,  rocket,  blue 
light,  squib,  cracker  or  other  fireworks  whatever,  unless  authorized  by 
the  Mayor  so  to  do. 

Article  744.  No  shooting  gallery  shall  be  set  up  or  used  in  this 
city,  nor  any  gunsmith  allowed  to  discharge  firearms  made,  repaired  or 
tried  by  him,  unless  there  be  first  set  up  a  target  at  a  suitable  distance 
from  the  stand  from  whence  such  firearms  are  to  be  discharged,  and 
such   target  be    placed    before   a    stone    wall,   with    projecting   wings 


Revised  Okuinances  of  the  City  of  Austin.  179 

built  of  material  impenetrable  by  bullets,  and  so  as  to  be  entirely  harm- 
less to  any  person  whatsoever ;  nor  until  the  same  has  been  examined  by 
the  Mayor  and  the  permission  of  the  City  Council  obtained,  under  the 
seal  of  the  Mayor,  and  such  permit  shall  not  be  for  longer  than  one 
year,  and  shall  be  conditioned  to  be  void  if  such  place  becomes  in- 
secure or  not  in  accordance  herewith;  and  any  person  or  persons  violat- 
ing any  of  the  provisions  of  this  article  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  punished  by  fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars. 

Article  745.  Whoever  shall  in  this  city  be  in  the  night  time,  or  ar 
other  inappropriate  time,  in  or  about  public  or  private  buildings  or 
premises,  where  he,  she  or  they  have  no  right  or  permission  to  be,  under 
suspicious  circumstances,  and  without  being  able  to  give  a  satisfactory 
account  of  the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  punished  by  fine  of  not  less  than  five  nor  more 
than  one  hundred  dollars. 

Article  746.  Whoever  shall  in  this  city  appear  in  any  public  place 
in  a  state  of  nudity,  or  in  a  dress  not  belonging  to  his  or  her  sex,  or 
make  an  indecent  exposure  of  his  or  her  person,  or  be  guilty  of  any  in- 
decent or  lewd  behavior,  or  shall  exhibit,  sell,  or  offer  to  sell  any  in- 
decent or  lewd  book,  picture  or  other  thing,  or  shall  exhibit  or  perform 
any  indecent,  immoral  or  lewd  play  or  other  representation,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
by  fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  747.  Whoever  shall  bathe,  wash  or  swim  in  the  Colorado 
Eiver,  or  in  any  other  water  course,  pond  or  pool  in  this  city,  within 
the  hours  of  daylight,  being  naked  or  insufficiently  clothed  to  prevent 
an  improper  or  indecent  exposure  of  his  or  her  person,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  fine  of 
not  less  than  five  nor  more  than  one  hundred  dollars. 


180  Revised  Ordixaxces  of  the  City  of  Austin. 


TITLE  XXXIT, 


PURCHASES  OF  CITY. 


CHAPTEE  I. 

regulated. 

Article  748.  The  Mayor  shall  immediately  after  this  ordinance 
takes  effect,  appoint  a  committee  composed  of  three  Aldermen,  to  be 
known  as  the  Purchasing  Committee,  to  discharge  the  duties  hereinafter 
enumerated,  until  the  next  election  of  officers  by  the  City  Council. 

Article  749.  It  shall  be  the  duty  of  said  Purchasing  Committee  to 
purchase  by  contract  let  to  the  lowest  bidder  all  groceries,  meat,  feed, 
fuel,  cement,  earthen  pipe,  lime,  brick,  lumber  and  other  building  ma- 
terial used  ox  required  for  use  by  the  city,  and  also  to  let  by  contract 
the  shoeing  of  all  animals  owned  by  the  city ;  provided,  that  this  section 
shall  not  apply  to  the  supplies  purchased  for  the  Fire  Department. 

Ajjticle  750.  All  contracts  shall  be  made  for  a  period  not  to  ex- 
ceed the  end  of  the  current  fiscal  year  after  notice  given  by  publication 
in  a  newspaper  published  in  Austin  for  four  days,  and  bond  in  suf- 
ficient amount  shall  be  required  for  the  faithful  performance  of  all 
contracts. 

Article  751.  All  oflRcers  and  employes  of  the  city  shall,  upon  re- 
quest, furnish  to  said  Committee  itemized  statements  of  the  articles 
required  in  the  various  departments  of  the  city  government,  so  that 
due  notice  thereof  may  be  given  by  said  Committee  in  inviting  bids 
for  the  same. 

Article  752.  Hereafter  no  article  or  thing  shall  be  purchased  for 
the  use  of  the  City  of  Austin  where  the  sum  of  two  hundred  dollars 
or  more  is  required  to  make  such  purchase,  unless  an  ordinance  has  been 
passed  by  the  City  Council  appropriating  the  amount  necessary  to  pay 
for  the  same;  provided,  that  the  Mayor  shall  have  the  power  to  make 
contracts  for  all  necessarv'  articles  for  the  use  of  city  where  the  amount 
required  for  such  articles  is  less  than  two  hundred  dollars;  and  provided 
further,  that  no  other  officer,  agent  or  employe  shall  make  any  contract 
for  the  city  unless  he  is  expressly  authorized  so  to  do  by  the  written 
order  of  the  Mayor. 

Article  753.  If  any  officer  of  this  city  or  other  person  shall  con- 
tract for  the  service,  labor  or  property  of  any  kind  of  another  with  the 


Eevised  Ordinances  of  the  City  of  Austin,  181 

intent  to  charge  the  City  of  Austin  with  the  same,  and  to  do  which  such 
officer  or  person  has  no  authority  by  law,  ordinance  or  resolution  of  the. 
City  Council,  he  shall  be  punished  by  fine  not  less  than  ten  nor  more 
than  one  hundred  dollars. 

CHAPTER  II. 

PAYMENT    FOR. 

Article  754.  All  bills  and  claims  against  the  city  shall  be  filed 
with  the  City  Clerk  on  or  before  the  first  day  of  the  month,  and,  where 
appropriation  to  pay  any  such  bill  or  claim  shall  have  been  made,  the 
warrant  therefor  shall  be  delivered  on  the  third  day  after  the  meeting 
of  the  City  Council  at  which  such  appropriation  is  made. 

Article  755.  All  bills,  accounts  or  other  evidences  of  indebtedness 
against  the  city,  must  be  approved  by  a  majority  of  the  Finance  Com- 
mittee, before  warrant  shall  be  issued  or  the  same  shall  be  paid,  and, 
where  the  same  have  accrued  under  the  direction  of  any  officer  or  agent 
of  this  city,  must  first  be  certified  to  by  said  officer  or  agent  as  being 
correct  and  just;  and,  further,  all  such  bills,  accounts  and  evidences  of 
indebtedness  shall,  before  being  approved  by  the  Finance  Committee  of 
the  City  Council  be  approved  by  the  majority  of  the  committee  of  the 
City  Council  to  which  the  subject  matter  has  been  referred. 

Article  756.  WHienever  any  article  or  thing  of  whatsoever  kind, 
under  the  value  or  price  of  two  hundred  dollars,  is  needed  for  the  use 
of  the  City  of  Austin,  an  estimate  of  the  articles  and  amount  needed 
shall  be  made  and  certified  to  by  the  proper  officer  or  committee,  which 
estimate  shall  be  filed  with  the  Finance  Committee,  and,  if  said  com- 
mittee find  sufficient  funds  in  the  treasury  of  the  city,  unappropriated, 
to  warrant  the  purchase,  then  it  shall  be  the  duty  of  the  Finance  Com- 
mittee to  draw  up  an  ordinance  appropriating  the  amount  necessary, 
and  present  the  same  at  the  first  meeting  of  the  City  Council  thereafter. 

Article  757.  In  all  cases  of  work  done  on  the  streets  or  other  public 
places,  the  same  shall  be  received  and  its  correctness  certified  to  by  at 
least  two  of  the  street  committee  before  approval  of  the  Finance  Com- 
mittee or  Mavor. 


J 82  Revised  Ordinances  of  the  City  of  Austin. 


TITLE  XXXIII, 


RAILROADS. 


CHAPTER  I. 
movement  of  cars^  etc.,  regulated. 

Article  758.  It  shall  not  be  lawful  for  any  train,  car  or  locomotive 
to  be  run  at  a  greater  speed  than  six  miles  an  hour  within  the  corporate 
limits  of  the  Cit}'  of  Austin. 

Article  759.  All  railroad  companies  now  crossing  or  that  may  here- 
after cross  Congress  Avenue  with  their  tracks  shall  place  a  signboard 
not  less  than  three  by  one  and  one-half  feet  in  size,  on  which  shall 
be  painted  in  plain  English  letters,  of  not  less  than  one  foot  in  size, 
the  word  "Stop."  Said  signboard  shall  be  placed  on  either  side  and 
within  forty  feet  of  Congress  Avenue  in  such  a  position  as  to  be  visible 
to  engineers  of  approaching  trains. 

Article  760.  All  railroad  companies  now  crossing  or  may  hereafter 
cross  said  Avenue  shall  stop  their  trains,  cars  or  locomotives  within 
forty  feet  of  said  Avenue,  and  shall  before  crossing  the  same  give  the 
usual  and  customary  warning  when  approaching  public  crossings. 

Article  761.  It  shall  not  be  lawful  for  any  railroad  company  now 
crossing  or  may  hereafter  cross  said  Avenue  to  switch  across  the  same 
in  making  up  trains. 

Article  762,  If  any  railroad  company  shall  violate  the  provisions 
of  Articles  758,  759,  760  and  761,  the  engineer  or  conductor  having 
charge  of  any  trains,  cars  or  locomotives  violating  the  provisions  of 
the  above-mentioned  articles,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  fine  of  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars. 

CHAPTER  II. 

trespassing  prohibited. 

Article  763.  It  shall  be  unlawful  for  any  person  to  enter  upon  or 
ride  upon  any  of  the  trains  of  the  Houston  &  Texas  Central  Railway, 
or  the  International  &  Great  Northern  Railway,  or  the  Missouri,  Kan- 
sas &  Texas  Railway  within  the  City  of  Austin,  except  such  persons  as 
are  passengers  for  points  beyond  the  corporate  limits  of  the  said  city 


Eevised  Ordinances  of  the  City  of  Austin.  183 

of  Austin,  and  except  such  persons  as  may  be  authorized  by  the  proper 
authorities  of  such  railways  respectively  to  so  ride  upon  their  said  trains. 
Article  764.  Any  person  violating  any  of  the  provisions  of  the 
preceding  article  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  any  sum  not  less  than  five  nor  more  than 
twenty-five  dollars. 

CHAPTEE  III. 

PASSENGERS  ALIGHTING  PROTECTED. 

Article  765.  It  shall  be  unlawful  for  any  hack,  omnibus,  cart,  dray, 
wagon  or  other  vehicle,  or  the  runner  of  any  hotel  or  other  place,  or 
any  other  person  to  go  upon  the  platform  or  walk  where  passengers 
alight  from  trains  at  any  railroad  depot  in  the  City  of  Austin,  or  into 
any  depot  building  of  any  depot  and  solicit  passengers  or  freight,  or  to 
call  out  to  passengers  or  other  persons  at  or  within  hearing  of  said 
depot  grounds  soliciting  passengers  to  be  carried  or  soliciting  bag- 
gage or  other  articles  to  be  carried  from  the  depot  to  any  other  point. 

Article  766.  Any  person  violating  the  provisions  of  the  preceding 
article  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  any  sum  not  less  than  five  nor  more  than  one  hundred 
dollars. 


184  Revised  Ordinances  of  the  Citt  of  Austin. 


TITLE  XXXIV, 


RAILWAYS.  STREET. 


CHAPTER  I. 

GENEKALLY. 

Article  767.  All  street  railways  in  the  City  of  Austin  shall  be  so 
constructed  as  to  conform  to  the  grade  of  the  street  over  and  upon  which 
the  same  is  or  shall  be  located,  and  such  grade  shall  be  fixed  by  the  City 
Engineer  under  the  direction  of  the  Street  Committee  of  the  City 
Council. 

Article  768.  The  construction  and  repair  of  the  tracks  of  all  such 
railways  shall  be  made  under  the  direction  and  supervision  of  the  City 
Engineer  and  Street  Committee. 

Article  769.  The  owners  or  operators  of  any  and  all  such  street 
railways  in  the  City  of  Austin  shall  place  the  streets  and  crossings  of 
streets  upon  which  such  railway  or  railways  are  located  and  operated 
in  as  good  condition  for  travel  as  such  streets  and  crossings  would  be 
in  if  such  railway  or  railways  were  not  located  upon  the  same,  and  such 
owners  or  operators  shall  keep  such  streets  and  crossings  in  like  con- 
dition and  repair  at  all  times. 

Article  770.  The  owners  or  operators  of  such  railway  or  railways 
in  the  City  of  Austin  shall  be  required  to  keep  that  portion  of  the  street 
covered  by  the  track  of  such  railway,  and  two  feet  on  each  side  of 
the  track  in  good  condition  and  repair. 

Article  771.  No  such  street  railways  shall  be  constructed  or  oper- 
ated over  any  bridge  belonging  to  the  City  of  Austin  without  the  express 
authority  and  consent  of  the  City  Council. 

Article  772.  The  owners  or  operators  of  all  street  railways  now  in 
existence  or  operation  in  the  City  of  Austin  shall  cause  the  same  to  be 
repaired  and  placed  in  condition  to  conform  to  the  requirements  of  this 
article  within  six  months  after  the  passage  of  this  chapter. 

Article  773.  Any  owner,  operator,  agent  or  employe  of  any  street 
railway,  or  of  any  street  railway  corporation,  company  or  association, 
or  of  any  private  individual,  partnership  or  association,  owning  or  con- 
trolling any  such  railway  in  the  City  of  Austin,  who  shall  violate  any 
of  the  provisions  of  the  preceding  articles  from  Article  767  to  773,  in- 
clusive, shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 


Eevised  Ordinances  of  the  City  of  Austin.  185 

thereof  before  the  Eecorder's  Court  shall  be  fined  in  a  sum  not  less  than 
five  nor  more  than  one  hundred  dollars. 

Article  774.  All  ties  shall  be  laid  beneath  the  level  of  the  grade  of 
the  street,  and  that  the  space  between  the  ties  and  rails  be  paved  with 
cobblestones  or  rock,  firmly  and  securely  laid,  so  as  to  be  on  a  level 
with  the  top  of  the  rail  on  each  side  of  the  track,  and  that  a  heart 
pine  plank,  at  least  ten  inches  wide  and  three  inches  thick,  be  spiked 
on  each  end  of  the  ties  on  the  outside  of  the  rail,  and  the  top  of  the 
rail  shall  be  on  a  level  with  the  surface  of  the  street,  and  this  con- 
struction shall  be  continued  throughout  I'ecan  Street. 

Article  775.  It  shall  be  the  duty  of  the  City  Engineer,  under  the 
direction  of  the  Street  Committee,  to  supervise  the  work  of  the  con- 
struction of  the  road,  and  see  that  the  provisions  of  this  chapter  be 
strictly  enforced. 

Article  776.  Should  the  requirements  of  this  chapter  fail  to  make 
a  roadbed  that  will  not  interfere  with  travel  and  the  business  interests 
of  Pecan  Street,  then  the  right  of  the  city  to  enforce  the  laying  of  a 
fiat  rail  is  understood  not  to  be  waived. 

Article  777.  Any  person  who  shall  violate  the  foregoing  provisions 
of  Articles  774,  775  and  776  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punished  by  fine  of  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars. 

CHAPTEE  II. 

separate  compartments  for  '"whites"  and  '^'negroes." 

Article  778.  Every  corporation,  lessee,  manager,  owner  or  receiver 
of  any  street  or  interurban  railway,  owning  or  operating  street  or  elec- 
tric cars  within  the  corporate  limits  over  the  City  of  Austin,  over  the 
avenues  and  streets  thereof,  as  common  carriers  of  passengers  for  hire, 
shall  provide  separate  compartments  in  each  passenger  car  for  the  ac- 
commodation of  white  and  negro  passengers,  which  separate  compart- 
ments shall  be  equal  in  all  points  of  comfort  and  convenience. 

Article  779.  Each  car,  divided  by  a  board  or  marker  placed  in  a 
conspicuous  place,  bearing  appropriate  words  in  plain  letters,  indicating 
the  race  for  which  the  division  is  set  apart,  shall  be  deemed  to  have 
separate  compartments  within  the  meaning  of  this  ordinance. 

Article  780.  The  term  ^^negro,"  as  used  herein,  shall  include  every 
person  of  African  descent,  as  defined  by  the  statutes  of  the  State  of 
Texas,  and  the  term  "white,"  as  used  herein,  shall  include  all  persons 
not  within  the  above  definition. 

Article  781.  No  white  or  negro  passenger  shall  ride  in  the  com- 
partment designated  for  the  other  race. 


186  Eevised  Oedinaxces  of  the  City  of  Austin. 

Article  782.  Each  conductor,  motorman  or  other  person,  in  charge 
of  a  passenger  car,  shall  forbid  any  passenger  to  sit  or  stand  in  the 
compartment  designated  for  the  other  race,  and  such  conductors,  motor- 
men,  or  other  persons,  in  charge  of  passenger  cars  shall  have  the 
authorit}^,  police  powers  and  right  to  remove  from  a  compartment  any 
passenger  not  entitled  to  ride  therein  under  the  provisions  of  this  ordi- 
nance, and  such  passenger  so  removed  shall  not  be  entitled  to  a  return, 
of  any  fare  paid. 

Article  783.  The  provisions  of  this  ordinance  shall  not  be  con- 
strued so  as  to  prohibit  nurses  from  riding  in  the  same  compartment 
with  their  employer  or  charges,  or  so  as  to  prohibit  officers  from  riding  in 
the  same  compartment  with  prisoners  in  their  charge. 

Article  784.  The  provisions  of  this  ordinance  shall  not  apply  to 
an}'  excursion  or  special  car  run  strictly  for  the  accommodation  of 
either  race  when  such  cars  are  plainly  marked  "excursion  car"  or  "special 
car,"  except  that  a  person  of  a  different  race  from  the  race  for  which 
the  excursion  or  special  car  is  intended  shall  not  enter  or  ride  upon 
said  car. 

Article  785.  Any  corporation,  lessee,  manager,  owner  or  receiver 
of  any  street  or  interurban  railway,  failing  to  furnish  separate  com- 
partments as  above  provided,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  in  the  Mayor's  Court  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each  offense,  and 
each  day  of  any  such  failure  shall  be  deemed  a  separate  offense  for  each 
car. 

Article  786.  Any  passenger  upon  any  passenger  car  within  the  pro- 
visions of  this  ordinance,  who  shall  ride  or  attempt  to  ride  in  any 
compartment  or  car  not  designated  or  intended  for  his  or  her  race, 
after  having  been  forbidden  to  do  so  by  the  conductor,  motorman  or  per- 
son in  charge  of  such  car,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  the  Mayor's  Court  in  a  sum  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars. 

Article  787.  Any  conductor,  motorman,  or  other  person  in  charge 
of  any  passenger  car,  who  shall  fail  to  forbid  any  passenger  to  sit  or 
stand  in  the  compartment  designated  for  the  other  race,  as  hereinbefore 
provided,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

CHAPTER  III. 

GONG   OR   BELL. 

Article  788.  Each  and  every  street  ear  in  the  City  of  Austin  shall 
be  equipped  with  a  gong  or  bell,  capable  of  being  heard  at  least  three 


Eevised  Ordinances  of  the  City  of  Austin.  187 

hundred  feet,  and  it  shall  be  the  duty  of  the  motorman  or  person  in  charge 
of  said  car  to  cause  said  gong  or  bell  to  be  sounded  at  least  twenty  feet 
from  and  before  crossing  any  street  intersecting  the  street  on  which 
said  car  is  running,  and  to  continue  sounding  said  gong  or  bell  until 
said  street  is  crossed  by  said  car,  and  to  sound  said  gong  or  bell  twenty 
feet  before  each  curve  is  reached  and  to  continue  sounding  same  until 
around  the  curve. 

Article  789.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
not  less  than  five  nor  more  than  one  hundred  dollars. 


188  Revised  Ordinances  of  the  City  of  Austin. 


TITLE  XXXV, 


SALOONS,  ETC. 


CHAPTER  I. 

REGULATION  OF, 

Article  790.  If  any  person  or  firm  shall  open,  establish  or  operate 
any  barroom,  saloon,  tippling  house,  dram  shop,  or  other  establishment, 
by  whatever  name  the  same  may  be  known,  where  spirituous,  vinous, 
malt  or  other  intoxicating  liquors  are  sold,  or  kept  for  sale,  in  quantities 
less  than  one  quart,  at  any  place  in  this  city,  without  first  obtaining 
permission  from  the  City  Council  so  to  do  and  procuring  a  license  there- 
for, he  shall  be  deemed  guilty  of  a  misdemeanor  and  punished  by  a 
fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  791.  Xo  license  shall  be  issued,  as  contemplated  in  the 
preceding  article,  until  the  party  applying  for  the  same  shall  have 
entered  into  bond  with  at  least  two  good  and  sufficient  sureties,  in  the 
penal  sum  of  two  hundred  and  fifty  dollars,  payable  to  the  City  of 
Austin,  and  conditioned  that  the  party  or  parties  shall  keep  an  orderly 
house,  and  that  they  will  comply  with  all  the  ordinances  of  the  City  of 
Austin  and  the  laws  of  the  State  of  Texas,  regulating  retail  liquor 
dealers,  which  bond  shall  not  be  accepte'd  or  filed  until  approved  by  the 
Mayor,  and  when  so  approved  it  shall  be  filed  with  the  City  Clerk. 

Article  792.  If  any  owner,  proprietor,  agent,  employe  or  person 
in  charge  of  any  establishment  in  this  city,  by  whatever  name  the  same 
may  be  called  or  known,  where  spirituous,  vinous,  malt  or  other  intoxi- 
cating liquors  are  kept  for  sale  in  quantities  less  than  one  quart,  shall 
keep  open  such  establishments  to  a  later  hour  than  twelve  o'clock  at 
night,  or  open  the  same  at  an  earlier  hour  than  four  o'clock  in  the 
morning,  he  shall  be  punished  by  a  fine  of  not  less  than  five  nor  more 
than  one  hundred  dollars. 

Article  793.  If  any  owner,  proprietor,  agent  or  employe  of  any 
establishment  in  this  city,  by  whatever  name  the  same  may  be  called  or 
known,  where  spirituous,  vinous,  malt  or  other  intoxicating  liquors  arc 
kept  for  sale  in  quantities  less  than  one  quart,  shall,  between  the  hours 
of  twelve  o'clock  at  night  and  four  o'clock  in  the  morning,  sell,  give 
away  or  otherwise  dispose  of  any  spirituous,  vinous,  malt  or  other  in- 
toxicating liquors  to  any  person  whomsoever,  under  any  pretext  what- 


Eevised  Ordinances  of  the  City  of  -Austin.  189 

ever,  he  shall  be  punished  by  fine  not  less  than  five  nor  more  than  one 
hundred  dollars. 

Article  794.  If  any  person  shall  knowingly  sell  or  give,  or  cause  to 
be  sold  or  given,  any  spirituous,  vinous,  malt  or  intoxicating  liquor  to 
any  other  person  under  the  age  of  twenty-one,  without  the  written  con- 
sent of  the  parent  or  guardian  of  such  minor,  or  some  one  standing  in 
their  place  or  stead,  or  to  any  habitual  drunkard,  as  defined  by  state 
law,  he  shall  be  punished  by  fine  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars. 

Article  795.  Whoever  shall  in  this  city  sell,  offer  for  sale,  give  away 
or  otherwise  dispose  of  any  spirituous,  vinous  or  other  intoxicating 
liquors  on  any  election  day,  or  other  day  when  the  same  may  be  pro- 
hibited by  law,  or  keep  open  the  doors  of  any  place  or  house  wtiere 
such  liquors  are  kept  for  sale  on  any  such  day,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars. 

Article  796.  It  shall  be  unlawful  for  any  person,  association  of 
persons,  or  corporation,  or  for  the  agent  of  any  person,  association  of 
persons,  or  corporation,  to  establish  or  operate  any  saloon  or  place  or 
establishment  of  any  character  whatever  where  intoxicating  or  fermented 
liquors  are  sold,  or  to  sell  or  give  away  intoxicating  or  fermented  liquors 
to  any  person  from  any  saloon,  or  other  similar  place  or  establishment, 
within  that  part  of  the  territorial  limits  of  the  City  of  Austin  hereinafter 
described,  viz. :  Beginning  at  the  northeast  comer  of  the  Thomas  Uray 
survey,  same  being  the  northeast  corner  of  the  territorial  limits  of  the 
City  of  Austin;  thence  with  the  north  line  of  said  city  boundary  north 
sixty  degrees  west  to  the  west  line  of  the  Lunatic  Asylum  tract;  thence 
with  said  west  line  south  thirty  degrees  west  to  the  north  line  of  State 
Street;  thence  with  said  north  line  south  sixty  degrees  east  to  the  west 
line  of  the  Thomas  Gray  survey  continue  on  south  sixty  degrees  east 
to  the  east  line  of  the  Thomas  Gray  survey;  thence  with  said  east  line 
north  thirty  degrees  east  to  the  place  of  beginning. 

Article  797.  It  shall  be  unlawful  for  any  person,  association  of 
persons  or  corporation,  possessing,  owning  or  controlling  any  premises 
within  the  preceding  article  to  permit  any  saloon  or  establishment  of 
any  character  whatever,  where  intoxicating  or  fermented  liquors  are 
sold,  to  be  established  or  operated  on  the  premises,  or  any  part  thereof, 
possessed,  owned  or  controlled  by  such  person,  association  of  persons  or 
corporation. 

Article  798.  Any  person,  association  of  persons  or  corporation 
violating  any  of  the  provisions  of  the  two  preceding  articles  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
fined  not   less  than   five  dollars  nor  more  than  two  hundred   dollars, 


190  Revised-  Ordinances  of  the  City  of  Austin. 

and  each  day  during  which,  or  during  any  part  of  which,  any  saloon  or 
other  establishment  where  intoxicating  or  fermented  liquors  are  sold,  is 
operated  or  permitted  to  be  operated  within  said  district  in  violation  of 
this  ordinance,  shall  constitute  a  distinct  and  separate  olfense  on  the 
part  of  the  person,  association  of  persons,  or  corporation  so  operating 
or  permitting  the  operation  of  such  saloon  or  other  establishment. 


Revised  Ordinances  of  the  City  of  Austin.  191 


TITLE  XXXVT. 


STREETS,  SIDEWALKS,  BRIDGES  AND  THOROUGHFARES. 


CHAPTER  I. 

generally. 

Article  799.  Exclusive  control  and  regulation  of  all  streets,  alleys, 
sidewalks  and  highways  and  public  squares  within  the  corporate  limits 
of  the  city  is  in  the  City  Council,  and  it  shall  have  the  power: 

1.  To  abate  and  remove  encroachments  thereon  in  summary  manner. 

2.  To  put  drains  and  sewers  therein,  and  Avhen  necessary  to  appro- 
priate private  property  for  that  purpose;  for  the  purpose  of  establish- 
ing streets  and  alleys  to  be  condemned  according  to  the  laws  relating  to 
the  condemnation  of  property  by  railroad  corporations,  the  city  occupy- 
ing, the  place  of  the  railroad  corporation  in  such  cases. 

3.  To  permit  and  regulate  the  laying  of  gas  and  water  mains  therein, 
and  the  erection  of  telegraph  and  telephone  and  electric  light  poles 
therein. 

4.  To  regulate,  establish  and  change  the  grade  of  all  sidewalks,  streets 
and  alleys,  and  to  require  and  compel  the  cutting  down  or  filling  up  and 
raising  of  such  streets,  sidewalks  and  alleys. 

5.  To  construct,  regulate  and  keep  in  repair  all  culverts,  sewers  and 
crossings,  and  to  control  and  regulate  the  use  of  same. 

6.  To  construct,  regulate  and  keep  in  repair  all  necessary  sidewalks, 
footways  and  streets. 

7.  To  grade,  cut  down  and  fill  up  the  same, 

8.  To  regulate  the  use  of  the  same  and  abate  and  remove  encroach- 
ments and  obstructions  thereon,  and  to  compel  the  same;  provided,  that 
when  the  City  Council  has  once  established  a  grade  for  any  street,  side- 
walk, alley  or  park,  and  any  owner  of  property  abutting  thereon  has  im- 
proved such  property  to  conform  to  such  grade,  then  the  City  Council 
shall  not  have  authority  to  change  such  grade,  except  by  consent  of  a 
majority  of  the  owners  by  feet  frontage  of  the  property  in  front  of  which 
it  is  proposed  to  change  such  established  grade. 

9.  To  vacate  streets  and  alleys. 

Article  800.  That  the  City  Council  shall  fix  and  determine  the 
nature  of  all  sidewalks,  streets,  drainage  and  sewerage  improvements  and 
decide  the  kind  of  material  to  be  used.  The  City  Council  shall  also  fix 
and  determine  the  necessity,  nature  and  extent  of  streets  and  sidewalk 


192  Eevised  Oedinances  of  the  City  of  Austin. 

improvements,  repairs  and  reconstruction,  and  may  at  its  discretion 
cause  all  or  any  part  of  such  streets  and  sidewalks  to  be  constructed, 
reconstructed,  graded,  regraded,  paved,  repaved,  or  in  any  other  way 
repaired,  improved  or  maintained,  and  said  Council  shall  have  full  power 
and  authority  to  provide,  by  ordinance,  for  the  manner  of  determining, 
after  notice  and  by  due  process  of  law,  of  the  amounts  of  benefits  to  each 
parcel  of  abutting  property  by  reason  of  any  such  improvements,  repair 
or  reconstruction,  and  of  a  fair  and  just  proportion,  and  of  the  amount 
of  the  cost  of  the  same  to  be  paid  by  each  abutting  owner,  and  the  amount 
of  costs  so  adjudged  shall  be  a  personal  liability  against  such  owner,  as 
well  as  a  first  and  prior  lien  and  charge  upon  his  abutting  property.  All 
assessments  and  benefits  and  the .  proportion  and  amount  of  costs  to  be 
paid  by  the  abutting  owner  shall,  unless  such  owner  and  the  City  Council 
agree  upon  the  same,  be  determined  by  a  commission  of  three  citizens, 
to  be  appointed  in  the  same  manner  as  in  the  condemnation  of  right  of 
way  for  railroads,  and  by  the  procedure  and  practice  established  by  law 
in  such  condemnation  cases,  so  far  as  applicable,  shall  govern  assessments 
for  streets  and  sidewalk  improvements.  The  assessment  of  costs  against 
an  abutting  owner  shall  in  no  case  exceed  the  benefit  of  his  abutting 
property  as  established  by  the  judgment  of  the  commission,  but  the  owner 
shall  be  entitled  to  no  reduction  for  benefits  received  by  him  in  common 
with  others,  and  the  total  cost,  not  in  excess  of  the  total  benefits  to 
abutting  owners,  shall  be  fairly  distributed  by  said  commissioners  among 
such  owners,  first  deducting  the  cost  of  street  crossings,  and  of  such  por- 
tions of  said  improvements,  if  any,  as  may  be  paid  for  by  the  street 
railroad  companies,  or  other  railroad  companies,  occupying  portions  of 
the  street  under  improvements,  or  required  by  their  franchises  to  pay 
therefor. 

CHAPTEE  II. 

street  and  sewer  commissioners. 

Article  801.  There  be  appointed  by  the  City  Council  five  citi- 
zens of  Austin,  who  shall  constitute  a  Board  of  Street  and  Sewer  Com- 
missioners. They  shall  hold  office  until  the  next  general  election,  and 
shall  act  gratuitously.  The  Board  shall  be  allowed,  however,  the  sum 
of  five  hundred  dollars  annually,  or  such  portion  of  the  same  as  they 
may  require,  to  cover  expenses,  if  any,  which  they  may  incur  in  perform- 
ing the  duties  of  their  office. 

Article  802.  It  shall  be  their  duty  to  prepare  and  recommend  to 
the  City  Council  comprehensive  plans  for  streets,  sidewalks,  sewers  and 
drainage  improvements,  including  material  to  be  used  and  all  other 
matters  pertaining  to  the  construction  of  the  improvements. 

Article  803.     All  matters  involving  an  outlay  of  as  much  as  five 


Eevised  Ordinances  of  the  City  of  Austin.  193 

hundred  dollars,  pertaining  to  any  improvement  of  the  character  above 
mentioned  shall  be  first  referred  to  them,  and  an  interval  of  not  less 
than  ten  days  after  such  reference  is  formally  made  by  the  City  Council 
shall  be  allowed  them  in  which  to  report  on  the  same  to  the  said  Council, 
and  it  shall  be  their  duty  to  examine,  pass  upon  and  report  to  the  City 
Council  all  plans  and  specifications  relating  to  such  improvement  before 
the  same  are  finally  approved  by  the  City  Council. 

Article  804.  They  shall  also  pass  upon'  all  bids  received  on  matters 
relating  to  said  improvements,  and  recommend  such  action  with  refer- 
ence  to  the  same  to  the  City  Council  as  they  may  deem  expedient.  They 
shall  also  examine  and  pass  upon  all  street  work  for  the  city  where  the 
contract  exceeds  five  hundred  dollars,  and  such  work  shall  not  be  ac- 
cepted by  the  City  Council  until  their  reports  on  the  same  has  been  made 
to  the  City  Council,  or  until  after  the  expiration  of  fifteen  days  from 
the  time  when  the  matter  shall  have  been  referred  to  them. 

CHAPTER  III. 

IMPROVEMENTS    OP    AND   WORK    ON. 

I.  GENERALLY. 

Article  805.  N^o  change  of  any  character  shall  be  made  in  any  of 
the  streets  or  alleys  of  the  city  except  by  authority  of  the  City  Council. 

Article  806.  Any  city  officer,  or  other  contractor  for  public  work, 
who  shall  make  an  excavation  in  any  highway,  or  thoroughfare,  or  public 
place,  and  shall  not  cause  poles  or  timbers  raised  at  least  three  feet  above 
the  ground,  to  be  placed  so  as  to  prevent  persons,  animals  or  vehicles 
from  falling  into  the  same,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars. 

II.  FUNDS   FOR. 

x\rticle  807.  One-fourth  of  all  moneys  collected  by  virtue  of  the 
annual  ad  valorem  tax  levied  for  general  revenue  purposes  shall  be  set 
aside  as  collected  and  shall  constitute  the  general  street  and  bridge  fund 
of  the  city. 

Article  808.  The  general  street  and  bridge  fund  above  provided 
for  shall  be  divided  as  collected  into  two  funds  to  be  known  respectively 
as  the  "improvement  fund"  and  the  "permanent  paving  fund." 

Article  809.  Sixty  per  cent  of  the  general  street  and  bridge  fund 
shall  be  set  apart  as  collected  and  shall  constitute  the  "improvement 
fund." 

Article  810.  Forty  per  cent  of  the  general  street  and  bridge  fund 
shall  be  set  apart  as  collected  and  shall  constitute  the  permanent  "paving 


194  Revised  Ordinances  of  the  City  of  Austin. 

fund/'  provided  that  underground  sewers  shall  be  constructed  under  all 
three  streets  which  may  be  paved  with  this  fund. 

Article  811.  The  City  Treasurer  shall  keep  separate  accounts  of  the 
"improvement  fund"  and  the  "permanent  paving  fund,"  and  shall  pay 
no  warrant  drawn  to  satisfy  any  expense  of  general  street  or  bridge  im- 
provements except  out  of  the  improvement  fund,  and  shall  pay  no  war- 
rant drawn  to  pay  for  street  paving  except  out  of  the  permanent  paving 
fund. 

III.     general  supervision  of  avork. 

Article  812.  The  City  Engineer  and  ex-officio  Street  Commissioner  ■ 
shall,  with  the  advice  of  the  Mavor,  have  general  supervision  of  all  work 
on  the  streets,  alleys  and  bridges  of  the  city  within  such  limits  of  expense 
as  the  City  Council  may,  under  the  terms  of  the  charter,  prescribe,  and 
all  repairs,  alterations  and  work  thereon  shall  be  done  under  the  direc- 
tion of  the  City  Engineer. 

IV.  street  foreman. 

Article  813.     There  is  hereby  created  the  position  of  Street  Foreman. 

Article  814.  Said  Street  Foreman  shall  be  appointed  by  the  Street 
Committee  of  the  City  Council  of  the  City  of  Austin  and  by  the  City 
Engineer  of  the  City  of  Austin;  he  shall  work  with  the  street  forces 
provided  by  the  City  of  Austin  under  the  supervision  of  the  Street  Com- 
mittee of  the  City  Council  of  the  City  of  Austin  and  the  City  Engineer 
of  the  City  of  Austin;  he  shall  also  have  charge  of  and  be  responsible 
for  all  prisoners  working  out  fines  on  the  streets  of  the  City  of  Austin 
that  may  be  turned  over  to  him. 

Article  815.  In  addition  to  the  duties  above  prescribed  the  Street 
Foreman  shall  from  time  to  time  do  and  perform  any  and  all  duties 
assigned  and  prescribed  by  the  Street  Committee  of  the  City  of  Austin 
and  by  the  City  Engineer. 

.Article  816.  The  salary  of  the  Street  Foreman  shall  be  the  sum 
of  sixty-seven  dollars  per  month  for  the  balance  of  the  year  1907,  and 
sixty  dollars  per  month  for  the  year  1908,  and  he  shall  serve  during  the 
time  of  the  Street  Committee  and  City  Engineer  who  appoint  him,  unless 
removed  by  said  Committee;  said  salary  of  said  Street  Foreman  to  be 
paid  out  of  the  street  funds  of  the  City  of  Austin. 

V.  city  teams,  etc. 

Article  817.  All  mules,  horses  or  teams,  harness  and  feed  for  the 
same,  and  all  wagons,  carts,  drays,  plows,  scrapers  and  tools  belonging 
to  the  City  of  Austin,  shall  be  kept  and  taken  care  of,  when  not  in  use, 
at  the  city  stable,  situated  on  the  ground  adjoining  the  City  Hall,  and 
all  of  such  property  shall  be  in  the  keeping  and  under  the  control  of  the 


Eevised  Ordinances  of  the  City  of  Austin.  195 

City  Engineer,  who  shall  be  responsible  for  the  safe  and  proper  care  of 
the  same.  And  it  shall  be  his  duty  to  purchase  in  the  name  of  the  City 
of  Austin,  and  under  the  same  rules  as  other  articles  are  purchased  for 
the  city,  all  necessary  feed  for  said  animals  and  teams,  and  to  have  all 
necessary  repairs  done  upon  all  wagons,  carts,  drays  and  other  property 
mentioned  in  this  article ;  provided,  all  bills  for  such  feed  or  work  shall 
be  approved  by  the  Street  and  Finance  Committees  before  paid  for  by 
the  city. 

Article  818.  It  shall  be  the  duty  of  the  City  Engineer  to  see  that 
none  of  the  mules,  horses,  teams,  wagons,  carts,  drays,  harness,  plows, 
scrapers,  tools  and  feed  belonging  to  the  City  of  Austin  are  used  in  any 
manner  whatever,  except  for  the  exclusive  and  direct  use  and  benefit  of 
the  City  of  Austin,  and  for  the  purposes  for  which  they  are  bought  and 
kept  by  the  city.  And  the  failure  or  refusal  of  the  City  Engineer  to 
comply  with  the  provisions  of  this  chapter,  shall  subject  him  to  the  same 
punishment  as  his  failure  or  refusal  to  perform  any  other  duty  of  his 
office  would  do. 

Article  819.  The  City  Engineer  shall  employ  and  have  the  charge, 
direction  and  control  of  the  drivers  of  teams  belonging  to  the  city,  and 
all  other  persons  employed  in  connection  with  street  work,  and  such 
drivers  and  employes  shall  always  be  subject  to  his  orders.  He  shall  also 
have  the  care  and  control  of  the  city  teams  and  equipments,  and  shall 
have  charge  of  any  and  all  forage  provided  therefor,  and  shall  be  re- 
sponsible to  the  city  for  the  safe  keeping  and  preservation  of  such  teams, 
equipments  and  forage. 

VI.      GRADES. 

Article  820.  The  grades  for  the  streets  of  Austin  as  surveyed  and 
designated  on  the  profile  in  the  office  of  the  City  Engineer,  made  by 
J.  H.  Pope,  civil  engineer,  under  contract  with  the  city,  as  the  same  are 
marked  on  the  city  map  made  by  the  said  J.  H.  Pope  are  hereby  adopted 
as  the  grades  and  levels  to  govern  in  all  street  and  sidewalk  work  unless 
otherwise  provided  by  the  City  Council  in  special  cases;  provided,  that 
the  natural  topography  of  the  city  shall  not  be  altered  without  prior 
consent  of  the  City  Engineer  and  Street  Committee,  more  than  two  feet. 

Article  821.  Congress  Avenue,  in  said  city,  and  the  sidewalks 
thereof,  between  the  south  line  of  Mesquite  Street  and  the  north  line  of 
Cedar  Street,  in  said  city,  shall  be  graded  as  follows,  that  is  to  say: 
The  grade  of  center  line  of  Congress  Avenue,  from  the  south  line  of 
Mesquite  Street  to  the  intersection  of  Hickory  Street,  shall  be  at  the 
rate  of  one  foot  and  two  hundred  and  ninety-three  thousandths  (1.293), 
in  one  hundred  (100)  feet;  from  the  intersection  of  Hickory  Street  to 
the  north  side  of  Cedar  Street,  the  grade  shall  be  at  the  rate  one  foot 


196  Revised  Ordinances  of  the  City  of  Austin. 

and  five  hundred  and  sixteen  thousandths  (1.516)  in  one  hundred  (100) 
feet.  The  grade  of  the  sidewalks  on  the  east  side  of  the  Avenue,  from 
the  south  side  of  Mesquite  Street  to  the  intersection  of  Hickory  Street, 
and  from  thence  to  the  north  side  of  Cedar  Street,  shall  be  the  same 
rate  as  that  for  the  center  line  of  the  Avenue.  The  grade  for  the  side- 
walks on  the  west  side  of  the  Avenue,  from  the  south  line  of  Mesquite 
Street  to  the  intersection  of  Hickor}'^  Street,  shall  be  at  the  rate  of  nine 
hundred  and  fifty-six  thousandths  (.956)  in  one  hundred  (100)  feet; 
from  the  intersection  of  Hickor\-  Street  to  the  intersection  of  Pecan 
Street,  shall  be  at  the  rate  of  one  foot  and  six  hundred  and  fifteen  thou- 
sandths (1.615)  in  one  hundred  (100)  feet;  from  the  intersection  of 
Pecan  Street  to  the  north  side  of  Cedar  Street  shall  be  at  the  rate  of 
one  foot  and  eight  hundred  and  seventy-seven  thousandths  (1.877)  in 
one  hundre.l  (100)  feet.  The  sidewalks  shall  be  twelve  feet  wide,  and 
have  a  slant  from  the  upper  side  to  the  curbstones  of  three  inches,  and 
the  upper  edges  of  the  curbstones  shall  be  leveled  so  as  to  conform  to 
side  slant. 

vii.     digging  in  regulated. 

Article  822.  It  shall  be  unlawful  for  any  person  or  persons  to  dig 
up  or  assist  in  breaking  and  digging  up  any  part  of  any  street,  alley,  or 
public  place,  or  fill  in  any  part  of  same,  or  remove  any  gravel,  dirt  or 
manure  therefrom  without  the  written  permission  of  the  City  Engineer 
and  a  majority  of  the  Street  Committee,  provided  that  in  the  absence  of 
a  majority  of  the  Street  Committee  the  remaining  member,  together 
with  the  Mayor  and  City  Engineer,  may  give  such  permission. 

Article  823.  Whenever  any  streets  or  other  public  places  are  taken 
up  for  the  laying  down  of  any  water  pipes  or  other  appurtenances  to 
any  water  works,  said  places  shall  be  carefully  protected,  by  fencing  or 
otherwise,  by  the  person  or  persons  constructing  the  same,  so  as  to  leave 
no  danger  of  any  person,  animal  or  vehicle  falling  therein,  and  said 
places  shall  be  restored  to  like  condition  as  before  taken  up  as  soon  as 
possible. 

CHAPTER  IV. 

street  paving. 

Article  824.  That  portion  of  Congress  Avenue  included  between 
the  State  Capitol  grounds  and  the  Colorado  River  bridge,  and  East  Sixth 
Street  between  Congress  Avenue  and  East  Avenue  be  paved  with  vitrified 
brick,  including  concrete  base. 

Article  825.  The  street  railway  of  the  City  of  Austin  is  hereby 
required,  as  provided  in  its  franchise,  to  pave  all  of  said  above  named 
streets  within  the  limits  specified  lying  between  the  railroad  tracks  of 


Kevised  Ordinances  of  the  City  of  Austin,  197 

said  street  railway  and  for  a  distance  of  twelve  inches  outside  of  said 
railroad  track. 

Article  826.  The  City  of  Austin  shall  pay  for  the  paving  of  any 
and  all  street  intersections,  except  so  much  of  said  intersections  as  may 
be  paid  for  by  the  Houston  &  Texas  Central  Eailroad  Company,  the 
International  &  Great  Northern  Railroad  Company,  the  Austin  Dam  and 
Suburban  Eailway  Company,  the  Austin  Electric  Eailway  Company,  the 
State  of  Texas  and  Travis  County,  Texas. 

Article  827.  All  owners  of  real  estate  situated  and  abutting  on 
Congress  Avenue  and  East  Sixth  Street  within  the  limits  above  defined 
shall  pay  their  proportionate  share  of  all  paving  on  said  streets  not  pro- 
vided for  in  the  preceding  sections.  In  determining  the  proportionate 
share  each  abutting  property  owner  shall  pay,  there  shall  be  taken  into 
account  the  fair  and  just  proportion  of  the  benefit  accruing  to  each 
abutting  property  owner  by  reason  of  said  streets  being  paved. 

Article  828.  Immediately  upon  the  taking  effect  of  this  ordinance, 
the  City  of  Austin,  acting  through  the  Paving  Committee  heretofore 
selected  by  the  Mayor  and  Council  of  the  City  of  Austin,  shall  notify 
in  writing  each  and  every  person  who  owns  abutting  property  on  Con- 
gress Avenue  and  East  Sixth  Street  within  the  limits  above  described; 
provided,  that  if  any  such  owner  is  a  non-resident  of  the  city,  or  is 
absent  from  the  city,  such  notice  shall  be  given  to  the  person  or  persons 
who  act  as  rental  agents  or  who  have  charge  of  such  property  for 
such  owners;  requesting  such  property  owners  to  meet  with  said  com- 
mittee at  a  time  not  less  than  five  days  nor  more  than  ten  days  after 
the  giving  of  such  notice,  to  offer  any  objections  that  they  may  have  as 
to  why  the  bid  of  F.  0.  Brown  should  not  be  accepted  and  adopted  as 
to  the  work  of  paving  said  Congress  Avenue  and  East  Sixth  Street,  and 
to,  at  said  time,  agree  with  said  committee,  acting  for  the  City  of  Austin, 
and  the  said  City  of  Austin,  as  to  the  proportionate  share  each  of  said 
abutting  property  owners  should  pay  for  said  paving  of  Congress  Avenue 
and  East  Sixth  Street. 

Article  829.  Each  of  said  abutting  property  owners  shall  meet  with 
said  committee  at  the  time  and  place  specified  in  the  notice  provided 
for  in  the  preceding  article,  and,  if  the  said  Paving  Committee  shall 
decide  that  no  reasonable  objection  has  been  made  to  the  adoption  and 
ratification  of  the  bid  submitted  by  the  said  F.  0.  Brown,  the  said  com- 
mittee and  the  said  abutting  property  owners  shall  then  agree  upon  the 
proportionate  share  of  the  cost  of  said  paving  to  be  borne  by  said  abut- 
ting property  owner. 

Article  830.  If  the  ahutting  property  owner,  after  being  notified  as 
above  provided,  shall  fail  to  attend  upon  such  meeting,  or  shall  fail  or 
refuse  to  agree  with  the  said  committee  representing  the  City  of  Austin 


198  Revised  Ordinances  of  the  City  of  Austin. 

upon  the  proportionate  share  of  the  cost  of  such  work  to  be  paid  by  any 
such  abutting  property  owner,  the  said  Paving  Committee  shall  report 
the  names  of  any  and  all  such  persons,  together  with  a  description  of  the 
abutting  property  owned  by  them  on  Congress  Avenue  and  East  Sixth 
Street  to  the  City  Council  of  the  City  of  Austin,  and  the  Council  shall 
then  pass  upon  the  questions  involved,  and  if  they  adopt  the  report  of 
said  committee,  the  Council  shall  instruct  the  City  Atto'rney  of  the  City 
of  Austin  to  at  once  institute  proceedings  in  the  name  of  the  city,  as 
plaintiff,  against  any  such  abutting  property  owner,  as  defendant,  which 
proceedings  shall  conform  to  and  in  all  things  so  far  as  applicable,  be 
governed  by  the  rules  of  practice  and  procedure  "established  by  law  in 
proceedings  for  condemnation  of  right-of-way  for  railroads,  as  provided 
by  Chapter  8,  Title  XCIV  of  the  Revised  Civil  Statutes  of  the  State  of 
Texas;  such  proceedings  to  be  commenced  by  filing  a  brief  statement  of 
the  facts  with  the  county  Judge  of  Travis  county,  Texas;  and  said 
county  judge  shall  forthwith,  either  in  term  time  or  vacation,  appoint 
three  disinterested  freeholders  of  said  county  as  special  commissioners 
to  assess  the  proportionate  amount  of  benefits  against  the  property  of 
such  defendant  abutting  on  Congress  Avenue  and  East  Sixth  Street; 
provided,  that  if  the  city  and  the  defendant  shall  agree  on  such  com- 
missioners, such  person  or  persons  shall  be  appointed.  Notice  of  such 
proceeding  shall  be  served  in  the  manner  required  by  Chapter  8,  except 
when  the  property  in  controversy  belongs  to  a  non-resident  of  this  State, 
or  to  a  person  whose  residence  is  unknown,  or  a  person  who  is  absent 
■from  the  State,  so  that  notice  can  not  be  served  upon  him,  in  which 
event  such  notice  shall  be  served  upon  said  owner  by  publication  in  a 
daily  paper  published  in  the  City  of  Austin,  for  a  period  of  ten  days. 

Article  831.  Upon  the  date  set  for  such  hearing  or  upon  such  date 
or  dates  to  which  such  hearing  is  postponed  by  said  Commissioners,  the 
said  Commissioners  shall  hear  evidence  as  to  the  value  of  the  benefits  to 
such  defendant  by  reason  of  such  paving,  and  assess  the  amount  of  such 
benefits,  and  the  proportion  and  amount  of  cost  of  such  paving  to  be 
paid  by  said  defendant.  The  assessment  of  such  cost  shall  in  no  case 
exceed  the  benefit  to  his  abutting  property,  as  established  by  the  judg- 
ment of  the  Commissioners,  but  the  defendant  shall  be  entitled  to  no 
reduction  or  benefits  received  by  him  in  common  with  others. 

Article  832.  When  said  Commissioners  shall  have  assessed  such 
benefits  against  any  such  defendant,  they  shall  reduce  their  decision  to 
writing,  stating  therein  the  amount  of  such  benefit,  and  shall  date  the 
same  and  sign  it  and  file  the  same,  together  with  all  other  papers  con- 
nected with  the  case  with-  the  county  judge  without  delay. 

Article  833.  All  cost  of  proceedings,  including  com])ensation  to  the 
Commissioners,  shall  be  paid  by  the  defendants  in  such  suit,   if  any 


Eevised  Ordinances  of  the  City  of  Austin.  199 

benefits  are  adjudged  against  his  property,  and  the  Commissioners  shall 
make  out  a  statement  in  writing  of  all  costs  which  have  accrued  before 
them  and  shall  sign  the  same  and  deliver  it  with  the  other  papers  of  the 
cause  to  the  county  judge. 

Article  834.  If  either  party  be  dissatisfied  with  the  decision  of  such 
Commissioners,  he  or  it  may  within  five  days  after  the  same  have  been 
filed  with  the  county  judge  file  an  opposition  thereto  in  writing  setting 
forth  the  particular  causes  of  such  objection,  and  thereupon  said  cause 
shall  be  tried  and  determined  as  any  other  civil  cause  in  said  court, 
except  the  decision  of  said  court  shall  be  final,  and  neither  party  shall 
have  the  right  to  appeal  therefrom. 

Article  835.  If  no  objections  are  filed  to  the  decision  of  said  Com- 
missioners within  the  time  prescribed  in  the  preceding  article,  the  county 
judge  shall  cause  the  said  decision  to  be  recorded  in  the  minutes  of  his 
court,  and  shall  make  the  same  the  judgment  of  said  court,  and  may 
issue  the  necessary  process  to  enforce  the  same,  if  such  sum  be  within 
the  jurisdiction  of  the  county  court,  and  if  such  sum  so  adjudged  be  not 
within  the  jurisdiction  of  the  county  court,  the  city  shall  have  the  right 
to  bring  suit  in  the  court  having  jurisdiction  to  enforce  the  same.  All 
sums  adjudged  against  any  such  defendant  as  benefits  to  his  abutting 
property,  including  all  costs  of  the  proceeding,  and  a  reasonable  attor- 
ney's fee,  to  be  fixed  by  the  Commissioners,  shall  be  and  become  by 
virtue  of  said  proceedings  a  personal  claim  against  said  defendant,  and 
shall  be  and  become  a  lien  upon  the  abutting  property  against  which 
such  benefits  are  assessed,  and  judgment  of  foreclosure  shall  be  entered 
by  the  district  court  of  Travis  county  in  any  suit  brought  for  that  pur- 
pose by  the  city,  foreclosing  such  lien  upon  the  property  in  controversy; 
provided,  that  for  all  the  purposes  of  this  ordinance,  executors,  adminis- 
trators, and  legal  representatives  of  deceased  persons  shall  be  consid- 
ered owners. 

Article  836.  When  any  sum  is  collected  by  reason  of  the  proceed- 
ings, as  above  provided  for,  the  same,  except  the  costs  and  attorney's 
fee,  shall  be  used  in  paying  for  the  street  paving  upon  Congress  Avenue 
and  East  Sixth  Street  provided  for  above,  and  shall  be  used  for  no  other 
purpose. 

Article  837.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion, their  agents  or  employes,  to  remove  any  gas  or  water  pipes,  or  pipes 
of  any  kind  from  any  portion  of  Sixth  Street  or  Congress  Avenue  in 
the  City  of  Austin,  Texas,  without  thereafter  making  the  backfill  with 
concrete,  composed  of  one  part  Portland  cement  to  fifteen  parts  screened 
sand. 

Article  838.  Any  person,  firm  or  corporation,  their  agents  or  em- 
ployes violating  any  of  the  provisions  of  this  ordinance  shall  be  guilty 


200  Revised  Ordinances  of  the  City  of  Austin. 

of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  not  less  than  five 
nor  more  than  one  hundred  dollars. 

Article  839.  Every  owner  of  a  lot  or  lots  of  land  fronting  on  or 
abutting  on  Congress  Avenue  who  shall  pa.ve  at  his  own  cost  the  street 
in  front  of  his  premises,  or  am-  part  of  such  street  shall,  in  case  of  future 
tax  levy  for  paving  purposes,  or  for  interest  and  sinking  fund  on  bonds 
issued  for  street  paving  purposes,  be  compensated  for  the  amount  of  his 
expenditure  for  paving  done  in  front  of  his  premises  as  aforesaid;  pro- 
vided, however,  that  all  naving  done  by  anyone  wishing  to  claim  the 
benefit  of  this  resolution,  shall  be  done  under  a  contract  and  in  a  man- 
ner satisfactory  to  and  to  be  approved  by  the  engineer  in  charge. 

CHAPTER  V. 
gutters. 

Article  840.  Hereafter  it  shall  be  unlawful  for  any  person  to  flush 
any  gutter  within  the  City  of  Austin  by  turning  the  water  into  same 
directly  from  a  fire  hydrant, without  the  use  of  a  hose;  and  that  in  all 
cases  where  gutters  are  flushed  within  said  city  a  hose  shall  be  run  from 
the  hydrant  or  hydrants  used  for  said  purpose  into  the  gutter  being 
flushed  in  such  manner  as  to  prevent  the  flooding  of  the  street,  side- 
walks or  premises  adjacent  to  such  fire  hydrant  or  hydrants. 

Article  841.  Anv  person  violating  any  of  the  provisions  of  the  pre- 
ceding article  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of 
not  less  than  ten  or  more  than  one  hundred  dollars. 

CHAPTER  VI. 

streets  and  alleys. 

i.    named  and  designated. 

Article  842.  The  streets  running  east  and  west  commencing  with 
Water  Street,  which  shall  be  known  as  First  Street,  shall  hereafter  be 
designated  by  numbers  and  known  as  "First  Street,"  "Second  Street," 
"Third  Street,"  etc.,  in  their  order  to  the  northern  limits  of  the  city ;  pro- 
vided, that  such  naming  shall  be  regarded  as  additional  designation  only 
of  said  streets,  the  names  of  which  streets  remain  as  they  now  are,  and 
provided  that  streets  running  east  and  west  from  Congress  Avenue  shall 
be  marked  east  and  west,  respectively. 

Article  843.  The  names  of  the  streets  running  north  and  south  shall 
be  as  follows: 

Commencing  at  the  street  forming  the  west  boundary  line  of  the  city — 

1.  Pecos  Street. 

2.  West  Avenue. 

3.  Rio  Grande  Street. 


Revised  Ordinances  of  the  City  of  Austin.  201 

4.  Nueces  Street. 

5.  San  Antonio  Street. 

6.  Guadalupe  Street. 

7.  Lavaca  Street. 

8.  Colorado  Street. 

9.  Congress  Avenue. 

10.  Brazos  Street. 

11.  San  Jacinto  Street. 
12.-    Trinity  Street. 

13.  Neches  Street. 

14.  Eed  River  Street. 

15.  Sabine  Street. 

16.  East  Avenue. 

17.  The  streets  running  west  of  lots  3,  in  division  "A,"  and  3,  19, 
33,  45,  56  and  70,  in  division  "0,"  shall  be  called  Medina  Street. 

18.  The  street  running  along  the  east  boundary  line  of  the  city  shall 
be  called  San  Saba  Street. 

19.  The  street  running  between  lots  1  and  2,  in  division  "B,"  shall 
be  called  Comal  Street. 

20.  The  street  running  between  lots  3  and  4,  in  division  "B,"  shall 
be  called  Navidad  Street. 

21.  The  street  running  on  the  east  side  of  lots  15,  17,  18  and  19,  and 
College  Hill,  in  division  "D,"  shall  be  called  Lampasas  Street. 

22.  The  street  running  on  the  east  side  of  lots  20  and  21,  in  division 
"D,"  shall  be  called  University  Avenue. 

23.  The  street  running  on  the  west  side  of  lots  15,  16,  20,  21  and 
College  Hill,  in  division  "D,"  shall  be  called  San  Marcos  Street.  (Guad- 
alupe continued.) 

24.  The  streets  running  along  the  west  side  of  lots  23,  23^,  34,  37, 
48,  51,  61,  63  and  68,  in  division  "D,"  shall  be  called  San  Bernard 
Street.     (Rio  Grande  continued.) 

25.  The  street  running  along  the  west  side  of  lots  25,  32,  39,  46,  53, 
59,  65,  66  and  70,  in  division  "D,"  shall  be  called  San  Gabriel  Street. 

26.  The  street  running  on  the  west  side  of  lots  15  and  16,  in  division 
"E,"  shall  be  called  Pedemales. 

27.  The  street  running  on  the  west  side  of  lots  2,  5  and  6,  in  division 
'%"  shall  be  called  Blanco  Street. 

28.  The  street  running  through  lots  20  and  21,  in  division  "E,"  16 
and  15,  in  division  "D,"  shall  be  called  Whitis  Avenue. 

Article  844.  The  name  of  each  street  in  the  city  shall  be  posted  up 
conspicuously  on  each  corner  of  each  block,  the  name  to  be  painted  or 
printed  on  some  durable  or  lasting  material,  in  plain  letters  of  a  size 
easily  to  be  read  from  the  street. 


202  Revised  Okdinances  of  the  City  of  Austin. 

Article  845.  The  name  of  the  street  originally  designated  on  the 
map  of  the  City  of  Austin  as  "Pitts  Avenue"  shall  be  retained  as  so 
designated,  and  that  said  street  shall  not  be  numbered  according  to  the 
system  of  numbering  streets  running  east  and  west  in  the  City  of  Austin. 

II.     numbering  of  houses. 

Article  846.  All  houses  in  the  city  on  streets  running  north  and 
south,  from  the  Colorado  River,  shall  be  numbered  as  follows:  Com- 
mencing with  the  numerical  figure,  one  (1),  at  the  Colorado  River,  and 
running  north,  with  the  odd  numbers  on  the  east  side  of  each  street,  and 
the  even  numbers  on  the  west  side. 

Article  847.  All  houses  in  the  city  on  streets  running  east  and  west, 
are  numbered  as  follows:  Commencing  at  Congress  Avenue,  on  each 
street  running  west,  the  houses  shall  be  numbered  from  one  (1),  west- 
ward, the  even  numbers  on  the  north  side  of  the  street,  and  the  odd 

numbers  on  the  south  side,  and  shall  be  known  as  Xo.  1  West 

Street,  etc. :  and  commencing  at  Congress  Avenue,  the  houses  on  each 
street  running  east,  shall  be  numbered  from  one  (1),  eastward,  in  like 
manner,  and  shall  be  known  as  No.  1  East Street,  etc. 

Article  848.  Each  block  facing  on  a  street  shall  have  one  hundred 
numbers,  without  regard  to  the  number  of  houses  thereon. 

Article  849.  All  residences  abutting  or  fronting  on  streets  running 
north  and  south  between  Eleventh  and  Twelfth  Streets  and  east  of  East 
Avenue  shall  be  numbered  at  the  expense  of  the  city. 

Article  850.  There  shall  be  ten  numbers  to  the  block,  commencing 
on  the  first  block  north  of  Eleventh  Street  and  running  thence  north, 
allowing  ten  numbers  to  the  block. 

III.      OPENING  AND  CHANGING. 

Article  851.  "WTienever  the  major  part  of  the  owners  of  the  prop- 
erty fronting  on  any  street,  lane,  avenue  or  alley,  proposed  to  be  opened, 
widened  or  altered,  shall  petition  therefor,  the  Mayor  and  City  Council 
shall  appoint  a  day  for  the  hearing  of  said  petition,  and  shall  give  notice 
of  the  time  set  for  hearing  the  same,  to  all  persons  owning  property 
fronting  on  the  street,  lane,  avenue  or  alley,  proposed  to  be  opened, 
widened  or  altered.  And  upon  the  hearing  thereof,  the  City  Council 
shall  grant  or  refuse  said  petition,  as  to  them  shall  seem  proper,  taking 
into  consideration  the  interests  of  all  parties  owning  property  fronting 
on  such  street,  lane,  avenue  or  alley,  and  also  the  interests  of  the  public 
at  large. 

Article  852.  If  upon  the  hearing  of  any  petition  as  provided  in 
the  preceding  article,  the  Mayor  and  City  Council  shall  determine  to 
open,  widen  or  alter  any  street,  lane,  avenue  or  alley  in  the  city,  they 


Eevised  Ordinances  of  the  City  of  Austin.  203 

shall  then  ascertain  whether  to  accomplish  the  same  it  shall  be  neces- 
sary to  take  any  private  property. 

Article  853.  And  if  it  be  foimd  that  it  will  be  necessary  to  take 
any  private  property  in  opening,  widening  or  altering  any  such  street, 
lane,  avenue  or  alley,  the  Mayor  and  City  Council  shall  ascertain  whether 
a  just  compensation  can  be  agreed  upon  between  the  city  and  the  parties 
whose  property  is  so  taken.  And  if  the  amount  of  compensation  can  not 
be  agreed  upon,  the  mayor  shall  cause  the  same  to  be  ascertained  by  a 
jury  of  six  disinterested  persons,  freeholders  of  the  city,  who  shall  be 
summoned  as  jurors  in  cases  in  the  Recorder's  Court. 

Article  8-54.  Jurors  summoned  and  empaneled  under  the  provisions 
of  the  preceding  article,  shall  be  first  sworn  to  well  and  truly  inquire 
into  and  determine  from  the  evidence  the  actual  benefits  or  damages 
that  shall  happen  to  each  owner  of  property  proposed  to  be  taken  for 
opening,  widening  or  altering  of  such  street,  lane,  avenue  or  alley.  And 
they  shall  return  into  court  an  inquest  in  writing,  which  shall  be  signed 
by  each  juror,  assessing  the  amount  of  benefits  or  damages  that  shall 
accrue  to  each  person  by  reason  of  the  taking  of  such  property. 

Article  855.  After  the  return  of  the  inquest,  as  provided  in  the 
preceding  article,  it  shall  be  the  duty  of  the  Mayor  to  cause  such  street, 
lane,  avenue  or  alley  to  be  opened,  widened  or  altered,  as  the  case  may 
be,  as  ordered  by  the  City  Council.  And  if  by  said  inquest  it  shall  be 
found  that  any  damages  are  sustained  by  any  person  whose  property  is 
so  taken,  the  same  shall  be  paid  to  such  person  by  the  city.  But  if  any 
person  shall  appear  to  be  benefited  by  reason  of  the  opening,  widening 
or  altering  of  such  street,  lane,  avenue  or  alley,  the  amount  assessed  by 
the  jury  and  found  in  such  inquest  shall  be  paid  to  the  City  Assessor  and 
Collector,  or  City  Treasurer.  And  if  any  person  shall  fail  or  refuse  to 
pay  to  the  city  the  sum  so  assessed,  the  same  may  be  recovered  against 
him  in  an  action  of  debt  before  any  court  of  competent  jurisdiction,  by 
suit  brought  in  the  name  of  the  City  of  Austin. 

Article  856.  If  it  shall  appear  on  the  hearing  of  any  petition  that 
it  will  not  be  necessary  to  take  any  private  property  to  open,  widen  or 
alter  any  such  street,  lane,  avenue  or  alley,  the  Mayor  and  City  Council 
may,  in  their  discretion,  order  the  same  to  be  immediately  opened, 
widened  or  altered,  as  the  case  may  be;  and  it  shall  be  the  duty  of  the 
Mayor  to  immediately  enforce  said  order;  provided,  that  in  all  cases 
where  petition  is  filed  for  the  opening,  widening  or  altering  of  any 
street,  lane  or  alley  in  this  city,  the  petitioners  shall  be  required  to  give 
security  for  all  costs  that  may  be  incurred  in  such  proceeding,  before 
any  action  shall  be  taken  on  such  petition;  and  provided  further,  that 
the  city  shall  in  no  event  become  liable  for,  or  pay  the  costs  of,  anv 
such  proceeding. 


204  Eevised  Ordinances  of  the  City  of  Austin. 

IV.      DRIVING    ox    regulated. 

Article  857.  That  it  shall  hereafter  be  unlawful  for  the  driver  of 
any  vehicle  on  any  public  street,  alley  or  other  driveway  of  the  Cit}'  of 
Austin  to  turn  his  vehicle  to  the  left  on  meeting  any  other  vehicle;  and 
it  shall  also  be  unlawful  for  any  such  driver  to  fail  to  turn  to  the  right 
when  meeting  or  passing  any  other  vehicle  on  such  street,  alley  or  drive- 
way. 

Article  858.  All  persons  driving  vehicles  on  Congi'ess  Avenue  and 
Sixth  Sreet  in  the  City  of  Austin  shall  drive  on  the  right  hand  side  of  the 
street  railway  tracks,  unless  said  person  is  crossing  said  street  to  a  given 
point.  At  such  time  said  person  shall  not  proceed  on  the  left  hand  side 
of  said  track  further  than  is  necessary  in  going  to  said  designated  point. 

Article  859.  Any  person  violating  the  provisions  of  the  two  preced- 
ing articles  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  convic- 
tion, shall  be  fined  not  less  than  $5  nor  more  than  $100. 

Article  860.  If  any  person  shall  ride  or  drive  any  animal  or  ani- 
mals on  Congress  Avenue  or  Pecan  Street  in  a  gait  faster  than  a  slow 
trot;  provided  a  slow  trot  be  seven  and  a  half  miles  an  hour,  or  in  any 
other  street,  alley,  road,  highway,  thoroughfare  or  public  place,  faster 
than  an  ordinary  gait ;  provided,  an  ordinary  gait  be  ten  miles  an  hour, 
or  shall  drive  any  dray  or  heavy  wagon  with  more  than  two  animals 
attached  thereto  on  Congress  Avenue  or  Pecan  Street  in  a  gait  faster 
than  a  walk  or  shall  ride  or  drive  any  animal  around  any  street  or  alley 
corner  lying  on  Congress  Avenue  south  of  the  Capitol  or  Pecan  Street 
in  a  gait  faster  than  a  slow  trot,  he  shall  be  punished  by  a  fine  of  not 
less  than  five  nor  m.ore  than  one  hundred  dollars. 

Article  861.  The  provisions  of  the  preceding  article  shall  not  apply 
to  that  portion  of  Water  Street  lying  east  of  its  intersection  by  Red 
Biver  Street ;  upon  which  the  rate  of  speed  may  be  not  more  than  twenty 
miles  an  hour. 

Article  862.  That  if  any  person  shall  ride  or  drive  anv  animal  in 
this  city  in  any  street,  alley  or  public  place  so  as  to  cause  such  animal 
or  vehicle  thereto  attached  to  come  in  collision  with  or  strike  any  other 
vehicle,  animal  or  person  on  foot;  or  shall  ride  or  drive  any  animal 
usually  ridden  or  driven  with  reins,  without  holding  the  reins  in  hand ; 
or  shall  ride  or  drive  any  animal  in  a  public  place  with  a  bell  or  bells 
attached  thereto  except  when  attached  to  street  cars,  or  allow  any  animal 
to  run  at  large  with  a  bell  attached  thereto,  he  shall  be  punished  by  a 
fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 


Revised  Ordinances  of  the  City  of  Austin.  205 

V.     kite  flying,  etc.,  prohibited. 

Article  863.  Whoever  shall,  in  any  highway  or  thoroughfare  in  this 
city,  fly  a  kite,  or  engage  in  any  sport  or  exercise  likely  to  scare  horses, 
injure  passengers,  or  embarrass  the  passage  of  vehicles,  shall  be  deemed 
guilty  of  a  misdemeanor  and,  on  conviction,  shall  be  fined  not  less  than 
five  nor  more  than  one  hundred  dollars. 

VI.     playing  ball,  etc.,  prohibited. 

Article  864.  It  shall  be  unlawful  for  any  person  to  play  baseball 
or  any  other  game  of  ball,  or  throw  balls  in  or  on  any  street  or  alley  of 
the  City  of  Austin. 

Article  865.  Any  person  violating  the  provisions  hereof  shall  be 
punished  by  fine  in  any  sum  not  less  than  five  nor  more  than  twenty- 
five  dollars. 

Article  866.  The  Chief  of  Police  and  the  force  under  his  control 
are  specially  directed  to  see  that  this  ordinance  is  enforced. 

VII.     staking  and  grazing  on  prohibited. 

Article  867.  It  shall  be  unlawful  for  any  person  to  stake  out  in 
any  of  the  public  squares  or  parks  of  the  City  of  Austin  any  neat  cattle, 
cow,  calf,  mule,  horse  or  jackass,  or  to  hitch,  tie  or  stake,  any  such  ani- 
mal on  any  public  street  of  said  city  for  grazing  purposes,  and  any  per- 
son violating  any  of  the  provisions  hereof  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  fined  in  any  sum  not  less  than  five  nor 
more  than  twenty-five  dollars. 

VIII.      ALLEYS   ARE   THOROUGHFARES. 

Article  868.  All  alleys  in  this  city,  when  not  closed  as  provided  by 
ordinance,  are  hereby  declared  to  be  public  places  and  thoroughfares, 
and  shall  be  subject  to  the  same  regulations  as  to  inspection,  grading  and 
improvements,  and  to  the  same  police  and  sanitary  regulations  as  streets. 

Article  869.  The  City  Council  may  order  the  opening,  widening 
or  altering  of  any  alley  in  this  city,  upon  the  written  petition  of  the 
owners  of  the  major  part  of  the  property  abutting  or  fronting  upon  such 
alley,  in  the  same  manner  and  subject  to  the  same  conditions  and  regu- 
lations as  are  provided  for  the  opening,  widening  or  altering  of  streets; 
and  all  ordinances  relating  to  streets  are  declared  to  apply  also  to  alleys; 
provided,  that  it  shall  be  lawful  for  any  person  or  persons  owning  all 
the  lots  composing  any  block  in  the  city  to  close  the  alley  crossing  such 
block  for  such  time,  either  perpetually  or  temporarily,  as  may  be  deter- 
mined by  the  City  Council,  upon  a  petition  signed  by  all  the  owners  of 
land  in  such  block,  which  petition  shall  be  recorded  in  the  office  of  the 


206  Revised  Ordinances  of  the  City  of  Austin. 

City  Clerk ;  provided  further,  that  the  City  Council  shall,  before  granting 
any  such  petition,  take  into  consideration  the  effect  of  such  closure  upon 
the  convenience  of  the  citizens  at  large. 

IX.     telegraph^  etc.^  poles. 

Article  870.  It  sliall  be  unlawful  for  any  telephone,  telegraph  or 
Blectric  light  company,  or  any  association  of  persons  or  individuals  to 
place  or  cause  to  be  placed  any  telegraph,  telephone  or  electric  light  polo 
of  any  kind,  character  or  description  at  any  other  place  upon  the  streets 
or  alleys  of  the  City  of  Austin,  other  than  at  the  corner  of  the  block,  or, 
if  at  a  point  other  than  at  the  corners  of  blocks,  they  shall  be  placed  on 
or  opposite  the  division  line  separating  the  lot  or  lots  in  said  block. 

Article  871.  Any  person,  firm  or  corporation  violating  the  provis- 
ions of  this  ordinance  shall  be  fined  in  any  sum  not  less  than  five  dol- 
lars nor  more  than  one  hundred  dollars,  and,  in  addition  thereto,  it  shall 
be  subject  to  the  forfeiture  of  the  franchise  granted  by  the  City  of  Austin. 

CHAPTER  VII. 

sidewalks. 

I,    building  of  regulated. 

Article  872.  The  sidewalks  of  the  City  of  Austin  shall  hereafter 
be  constructed,  reconstructed,  built  and'  maintained  by  the  respective 
owners  of  property  in  the  City  of  Austin  in  the  following  manner  and 
of  the  following  materials,  and  on  the  grades  as  provided  for  herein, 

towit : . 

specifications  for  curbing. 

1.  All  curbing  must  be  put  in  on  lines  and  grades  given  by  the  City 
Engineer  and  shall  be  constructed  of  stone,  brick  or  concrete;  all  curb- 
ings  to  be  put  in  in  the  manner  as  prescribed  herein,  and  to  the  satis- 
faction of  the  City  Engineer,  and  the  City  Engineer  shall  designate  and 
specify  which  of  said  three  materials  shall  be  used. 

.    concrete  curbings. 

2.  When  concrete  curbing  shall  be  used  it  shall  be  put  in  in  a  work- 
manlike manner  and  by  the  use  of  rigid  "forms"  or  "templates,"  and 
of  first-class  material. 

PROPORTION   FOR  CONCRETE. 

3.  When  concrete  is  used  for  any  purpose  in  the  construction  of  any 
part  of  the  sidewalk  or  curbing  as  provided  for  in  this  ordinance,  it 
shall  be  of  the  following  proportions  and  milled  in  the  following  man- 
ner, towit:     Concrete  to  be  composed  of  four  parts  of  clean,  screened 


Kevised  Oedinances  of  the  City  of  Austin.  207 

gravel,  two  parts  clean,  sharp  sand,  and  one  part  of  Portland  cement 
(same  to  meet  approval  of  City  Engineer),  all  to  be  well  mixed  and 
turned  with  at  least  two  dry  turns  and  two  wet  turns  and  more,  if,  in 
the  discretion  of  the  City  Engineer,  it  is  necessary.  After  concrete  has 
become  thoroughly  set,  forms  are  to  be  removed  and  curbing  coated  with 
not  less  than  one-half  inch  of  cement  plaster. 

CEMENT   PLASTER. 

4.  The  cement  plaster  shall  be  composed  of  not  more  than  two 
parts  of  clean  sand  to  one  part  of  cement  (same  to  meet  the  approval 
of  the  City  Engineer).  In  all  cases,  whether  for  curbing  or  cement 
walks  the  City  Engineer  shall  require  the  use  of  measuring  boxes  struck 
with  a  straight  edge  and,  upon  completion  of  work,  the  contractor  or  con- 
tractors will  be  required  to  obtain  a  certificate  from  the  City  Engineer 
stating  that  said  work  has  been  done  according  to  specifications  and  to 
the  satisfaction  of  the  City  Engineer  before  same  will  be  accepted  by 
the  city  on  behalf  of  the  property  owners  or  parties  having  work  done. 

CEMENT  WALKS. 

5.  The  concrete  used  for  the  construction  of  cement  walks  shall  be 
of  the  same  proportion  as  is  provided  for  herein  for  the  construction  of 
concrete  curbings,  all  work  to  be  done  under  the  supervision  and  to  the 
satisfaction  of  the  City  Engineer. 

DIMENSIONS  OF  CEMENT  WALKS. 

6.  In  the  residence  portions  of  the  city  walks  shall  be  four  and  one- 
half  feet  in  width  and  not  less  than  four  inches  in  depth  of  solid  con- 
crete after  concrete  has  been  thoroughly  tamped ;  in  addition  to  the  four 
inches  of  concrete  there  shall  be  added  a  layer  not  less  than  three- fourths 
of  an  inch  in  thickness  on  the  concrete  while  the  same  is  green,  the 
cement  plaster  to  be  well* smoothed  and  worked  and  marked  and  to  be 
of  the  same  consistency  and  of  the  same  proportions  as  are  provided 
herein  for  the  plaster  on  cement  curbings.  In  the  business  districts  of 
the  city  the  walks,  whether  of  stone,  brick  or  cement  shall  be  of  the 
entire  width  of  the  sidewalk  and  not  less  than  four  inches  in  depth,  and 
if  concrete  is  used  the  same  shall  be  of  the  same  depth,  of  the  same  pro- 
portions, and  made  in  the  same  manner  as  is  provided  for  concrete  side- 
walks in  the  residence  portions  of  the  city.  In  determining  what  is 
meant  by  the  "business  and  residence  portions  of  the  city,"  the  business 
portion  of  the  city  shall  be  from  Eleventh  Street  to  the  Colorado  River 
on  Congress  Avenue,  and  from  East  Avenue  to  Lavaca  Street  on  East 
Sixth  Street ;  and  for  a  distance  of  one  block  both  east  and  west  of  Con- 
gress Avenue  on  all  side  streets  from  Eleventh  to  First  Streets,  inclusive, 


208  Revised  Ordinances  of  the  City  of  Austin. 

with  the  exception  of  I]ast  Fifth  Street  from  Congress  Avenue  to  East 
Avenue,  where  the  walk  shall  be  ten  feet  in  width ;  that  all  other  portions 
of  the  city  shall  be  considered,  for  tlie  purposes  of  this  ordinance,  as  resi- 
dence portions  of  this  city. 

Article  873.  The  expense  incident  to  putting  in  of  the  above  side- 
walks and  curbings  shall  be  borne  in  each  instance  by  the  owners  of 
abutting  property,  and  should  said  owners  fail  and  refuse,  after  due 
notice  given  by  the  City  of  Austin,  or  any  of  her  officers,  then  the  City 
of  Austin  shall  proceed  in  the  manner  and  by  the  means  as  provided  by 
ordinance  for  the  paving  of  the  streets  of  the  City  of  Austin;  provided, 
however,  that  gravel  may  be  used  in  what  is  known  as  residence  portions 
of  the  city  instead  of  cement  when  recommended  by  the  City  Engineer. 

Article  874.  The  owners  of  property  on  that  portion  of  Congress 
Avenue  embraced  between  the  State  Capitol  Building  and  Nineteenth 
Street  are  hereby  authorized  and  granted  the  privilge  of  placing  a  curb- 
ing on  the  side  of  the  graded  part  of  the  street  as  follows,  towit : 

On  the  west  side,  the  beginning  point  shall  be  the  west  edge  of  the 
west  gate  post  of  the  north  gate  of  the  Capitol  grounds;  thence  north  in 
a  straight  line,  the  northern  point  to  be  so  placed  that  at  no  place  will 
the  curbing  be  west  of  the  graded  part  of  the  street. 

On  the  east  side  of  the  street  the  curbing  line  shall  be  as  follows,  towit: 

The  beginning  point  to  be  the  east  edge  of  the  east  gate  post  of  the 
north  gate  of  the  Capitol  grounds;  thence  north  in  a  straight  line  to 
meet  the  curbing  now  set  at  the  corner  of  Sixteenth  Street  and  Congress 
Avenue  and  from  the  north  end  of  the  curbing  now  set  between  Sixteenth 
and  Seventeenth  Streets,  the  line  shall  continue  north  in  a  straight  line 
to  Nineteenth  Street.  The  said  property  owners  on  the  west  side  of  said 
portion  of  Congress  Avenue  are  further  granted  the  privilege  of  placing 
a  cement  walk,  or  other  walk,  to  be  approved  by  the  Street  Committee 
and  the  City  Engineer,  outside  of  the  present  row  of  trees ;  the  walk  in 
front  of  each  block  to  be  parallel  with  the  curbing  of  such  block  at  such 
an  elevation  as  the  Street  Committee  and  City  Engineer  may  designate; 
and  on  the  east  side  of  said  portion  of  Congress  Avenue  said  owners  are 
authorized  and  granted  the  right  to  construct  such  walks  to  be  placed 
in  line  with  the  cement  walk  now  completed  between  Sixteentli  and 
Seventeenth  Streets. 

The  said  property  owners  are  granted  the  further  privilege  of  sloping 
down  the  grade  from  their  respective  lot  lines  to  the  contemplated  new 
walk,  thus  doing  away  with  the  high  banks  at  present  existing  along 
the  west  side  of  said  portion  of  Congress  Avenue;  said  property  owners 
are  also  granted  the  right  to  plant  one  row  of  trees  four  feet  inside  of 
the  curbing  line  in  a  perfectly  straight  line,  said  trees  to  be  free  from 


Revised  Ordinances  of  the  City  of  Austin.  209 

limbs  from  ground  up  eight  and  one-half  feet,  and  to  be  planted  under 
^he  direction  of  the  Street  Committee  and  the  City  Engineer. 

Article  875.  The  following  rules  are  hereby  prescribed  fixing  the 
width  of  sidewalks  in  the  City  of  Austin,  viz. : 

1.  On  Congress  Avenue  between  Eleventh  Street  and  the  Colorado 
River  twelve  feet  on  each  side  of  street ;  on  Sixth  Street  from  eastern  to 
western  limits  of  city,  ten  feet  on  each  side  of  street;  on  Lavaca  Street 
from  Eleventh  to  Nineteenth  Streets,  ten  feet  on  each  side;  one  block 
east  and  west  from  Congress  Avenue  on  First,  Second,  Third,  Fourth, 
Fifth,  Seventh,  Eighth,  Ninth  and  Tenth,  ten  feet  on  each  side. 

2.  On  all  other  streets  as  follows,  viz. :  On  streets  twenty-five  to 
thirty  feet  wide,  a  walk  of  three  feet  on  each  side;  on  streets  fifty  to 
sixty  feet  wide  a  walk  ten  feet  on  each  sideband  on  all  other  streets  not 
otherwise  provided  for  which  are  sixty  feet  wide  or  over,  one-fourth  of 
distance  between  property  line  shall  be  set  off  on  each  side  of  the  street 
for,5idewalks  and  grass  plots,  leaving  one-half  of  the  distance  for  passage 
of  vehicles,  and  on  such  vehicle  passageways  there  shall  be  no  poles,  trees 
or  other  obstacles,  except  street  car  poles  in  the  center  of  Congress 
Avenue ;  provided,  however,  that  in  no  case  shall  a  property  owner  make 
any  extensions  whatever  imder  this  ordinance  or  any  other  ordinance  in 
existence  except  with  the  written  consent  of  the  City  Engineer  and 
Street  Committee. 

Article  876.  That  the  corners  of  all  sidewalks  on  intersecting  streets 
mentioned  in  Article  862,  including  North  Congress  Avenue  and  inter- 
secting streets,  where  such  sidewalks  have  been  or  may  hereafter  be 
widened  or  extended  in  accordance  with  the  terms  of  this  ordinance, 
the  corners  so  formed  by  such  extension  shall  be  rounded,  so  as  to  make 
a  curve  at  said  corners  of  a  radius  of  not  less  than  seven  feet,  and  all 
curbing  now  in  place  or  to  be  placed  shall  be  made  to  conform  to  the 
requirements  hereof,  and  all  obstructions  at  said  corners  shall  be  removed. 

Article  877.  The  width  of  sidewalks  on  each  side  of  East  Avenue 
shall  be  and  are  hereby  fixed  at  twelve  feet,  and  the  graded  portion  of 
East  Avenue  shall  be  thirty-eight  feet  on  either  side  of  said  street, 
thereby  leaving  in  the  center  of  said  street  the  space  of  one  hundred  feet 
running  the  entire  length  of  East  Avenue  to  Nineteenth  Street  to  the 
Colorado  River,  which  said  space,  except  for  the  cross  streets,  shall  be 
used  exclusively  for  parks  and  walks  for  pedestrians. 

Article  878.  On  the  one  hundred  feet  reserv^ed  in  the  center  of  East 
Avenue  it  shall  be  lawful,  and  "permission  is  hereby  given  to  the  adjoin- 
ing property  owners  on  each  side  of  East  Avenue  to  improve  the  said 
one  hundred  feet  in  the  center  of  East  Avenue,  and  to  plant  trees 
therein,  and  to  beautify  same  and  to  utilize  same  as  a  park  and  foot- 
way, provided  they  submit  a  general  plan  of  said  improvements  to  be 


210  Revised  Ordinances  of  the  City  of  Austin. 

so  made  to  the  Street  Committee  and  City  Engineer  of  the  City  of 
Austin  and  first  obtain  in  writing  the  consent  of  said  Committee  and 
Engineer. 

II.      DISPLAY  OF  meat,   ETC.,  PROHIBITED. 

Article  879.  It  shall  be  unlawful  for  any  person  or  persons  in  this 
city  to  display  on  or  over  the  sidewalks  of  Congress  Avenue  from  Third 
Street  to  Eleventh  Street,  or  on  Sixth  Street  from  Red  Eiver  Street  to 
San  Antonio  Street,  any  meats,  game,  fish  or  oysters,  or  to  deposit  on 
said  sidewalks  within  said  limits  any  pelts  of  any  kind. 

Article  880.  It  shall  be  unlawful  for  any  person  or  persons  to  carry 
over  said  sidewalks  mentioned  in  the  preceding  article,  at  any  time  from 
October  first  to  March  first,  between  the  hours  of  9  o'clock  a.  m.  and  4 
o'clock  p.  m.,  and  from  March  first  to  October  first  between  the  hours 
of  9  o'clock  a.  m.  and  6  o'clock  p.  m.,  any  fresh  slaughtered  meats  or 
pelts;  provided,  that  nothing  in  this  article  shall  be  construed  to  apply 
to  daily  purchasers  of  meat  for  household  purposes. 

Article  881.  Any  person  or  persons  who  shall  violate  any  of  the  pro- 
visions of  the  two  preceding  articles  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  be  punished  by  a  fine  of  not  less  than 
five  nor  more  than  one  hundred  dollars  for  each  such  offense. 

Article  882.  This  ordinance  shall  not  be  in  effect  between  the  hours 
of  6  o'clock  p.  m.  and  9  o'clock  a.  m. 

III.     use  of  regulated. 

Article  883.  If  any  person  in  this  city  shall  set  up  or  cause  to  be 
set  up,  any  awning  post  on  any  highway  or  thoroughfare,  or  on  any 
sidewalk,  less  than  the  width  of  such  sidewalk;  or  shall  suspend,  or  put 
up  any  awning,  si^n,  sample  or  other  article  less  than  eight  feet  above 
the  sidewalk,  or  shall  suspend  or  put  up  any  sign,  sign-box  or  fixture 
of  any  kind,  which  shall  extend  over  or  upon  any  sidewalk  more  than 
eighteen  inches  from  the  inside  line  of  such  sidewalk;  or  shall  suspend 
any  merchandise  or  other  article  in  front  of  any  house  or  other  structTire 
more  than  two  feet  from  the  wall  thereof,  or  less  than  eighteen  inches 
above  the  ground;  provided,  that  between  the  hours  of  7  o'clock  p.  m. 
and  6  o'clock  a.  m.  retail  dealers  in  fresh  meats  may  suspend  their  meats 
over  the  outer  edge  of  the  sidewalk  in  front  of  their  respective  places  of 
business  in  such  manner  as  not  to  obstruct  such  sidewalk;  or  shall  place 
or  throw,  or  caused  to  be  placed  or  thrown  any  article  whatever,  upon 
any  thoroughfare  so  as  to  obstruct  a  full  and  free  passage  over  any  part 
of  such  thoroughfare,  or  shall  place  any  box,  barrel,  crate  or  other  article 
upon  the  sidewalk,  or  permit  any  of  the  same  to  remain  on  that  portion 
of  the  sidewalk  adjoining  the  store,  house  or  premises  controlled. by  him ; 
or  shall  upon  any  sidewalk  place  or  deposit  or  cause  to  be  placed  or  de- 


Eevised  Ordinances  of  the  City  of  Austin.  211 

posited,  any  merchandise  or  other  property  for  show  or  sale,  by  atiction 
or  otherwise,  he  shall  be  deemed  guilty  of  a  misdemeanor  and  be  pun- 
ished by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred  dollars. 
Article  884.  The  provisions  of  the  prieceding  article  shall  not  apply 
to  any  merchant  or  grocer,  while  actually  receiving  or  sending  away  any 
package  of  merchandise,  if  the  same  do  not  occupy  more  than  one-half 
of  the  width  of  the  sidewalk  or  remain  thereon  more  than  three  hours. 

IV.     awnings. 

Article  885.  It  shall  be  unlawful  for  any  owner,  agents  or  users  of 
property  on  Congress  Avenue  between  the  Colorado  Eiver  and  Eleventh 
Street,  and  on  Sixth  Street  between  East  and  West  Avenues,  to  place  or 
repair  in  any  manner  any  wooden  awnings  on  said  sidewalks,  and  when 
any  awning  is  condemned  within  these  limits,  if  replaced,  it  shall  be  by 
a  cloth  or  iron  bracket  awning  to  be  the  full  width  of  sidewalks.  Design 
to  be  approved  by  the  Street  Committee  and  City  Engineer  and  filed 
with  the  City  Clerk. 

Article  886.  Hereafter,  when  any  new  awning  is  to  be  constructed 
within  the  limits  above  described,  or  any  awning  within  such  limits  is 
condemned,  as  provided  by  city  ordinances,  it  shall  be  unlawful  for  the 
owner,  lessee,  or  his  agents  or  employes  to  erect  or  cause  to  be  erected 
any  other  awning  than  according  to  the  following  specification  or 
standard : 

No  awning  is  to  be  less  than  nine  feet  from  sidewalk  to  the  lowest 
part  of  the  awning,  and  to  be  not  less  than  twelve  feet  in  width  on  Con- 
gress Avenue  and  ten  feet  on  Sixth  Street,  and  to  be  supported  by  chains 
to  be  made  of  five-eighths-inch  metal,  which  are  to  be  secured  to  the 
walls  with  an  iron  loop  made  of  not  less  than  one-inch  metal  and  to 
extend  through  the  walland  furnished  with  plate  made  of  not  less  than 
one-fourth-inch  metal  and  to  be  not  less  than  twelve  inches  by  twelve 
inches;  the  inside  end  of  the  loop  to  be  threaded  to  receive  washer  and 
nut,  the  chain  at  the  other  end  to  be  secured  in  the  same  manner,  through 
the  girder,  which  girder  shall  be  not  less  than  three  pieces  of  two-inch 
by  eight  inches,  well  spiked  and  bolted  together;  where  chain  connec- 
tions are  made,  to  be  furnished  with  an  iron  shield  made  to  extend 
around  the  center  girder  with  the  exception  of  the  top;  all  joists  to  be 
not  less  than  two  inches  by  six  inches,  spaced  twenty-inch  centers,  sheeted 
with  one  inch  by  four  inches  beaded  ceiling,  and  covered  with  tin,  and 
furnished  with  an  0.  G.  galvanized  iron  gutter  on  the  outside  and  down 
spout  to  take  off  water  connection  to  street  gutter,  to  be  returned  back 
to  wall  of  building  with  two-inch  iron  pipe  and  run  under  sidewalk  to 
gutter;  and  should  said  awning  not  meet  with  the  approval  of  the  City 
Council  after  its  completion,  the  same  shall  be  removed  upon  notice  to 


212  Eevised  Ordinances  of  the  City  of  Austin. 

the  owner  without  cost  to  the  city;  or,  in  place  of  chain  awnings  above 
described,  iron  bracket  awnings  covered  with  metal  of  a  pattern  or  design 
approved  by  City  Engineer  and  Street  Committee  may  be  erected  or 
constructed. 

Article  887.  Any  person  or  persons  violating  th^  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  conviction, 
shall  be  fined  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars. 

CHAPTER  YIII. 

bridges. 

I.     avenue  bridge. 

Article  888.  It.  shall  be  unlawful  to  drive  loose  horses  or  cattle  over 
the  bridge  across  the  Colorado  River  at  the  foot  of  Congress  Avenue 
except  at  such  times  as  said  river  shall  not  be  fordable,  and  then  only  in 
quantities  of  not  exceeding  fifteen  head  at  one  time  and  in  one  lot. 

Article  889.  No  person  shall  ride  or  drive  any  animal  or  team  over 
said  bridge  at  a  gait  faster  than  a  walk  of  three  miles  per  hour. 

Article  890.  No  person  shall  drive  any  team  or  animal  with  a  vehicle 
attached  containing  or  having  attached  thereto,  nor  shall  any  person 
carry  any  flying  banner  or  other  thing  calculated  to  frighten  animals. 

Article  891.  No  person  shall  loaf  on  said  bridge  or  sit  on  the  railing 
of  same. 

Article  892.     No  person  shall  ride  a  bicycle  on  said  bridge. 

Article  893.     No  person  shall  stop  any  team  or  animal  on  said  bridge. 

Article  894.  A  copy  of  this  ordinance  written  or  printed  in  char- 
acters not  smaller  than  Travis  County  Bridge  Regulations  lately  posted 
at  said  bridge  shall  be  kept  posted  at  each  end  of  said  bridge. 

Article  895.  Any  person  violating  any  of  the  provisions  of  the  seven 
preceding  articles  shall  be  punished  by  a  fine  of  not  less  than  five  nor 
more  than  one  hundred  dollars. 

II.    generally. 

Article  896.  The  City  Council  may  at  any  time  order  the  establish- 
ment, erection  or  re])airing  of  any  bridge,  culvert  or  sewer  in  this  city, 
subject  to  the  provisions  of  the  city  charter,  and  regulate  the  use  of  the 
same;  and  may  alter  or  change  the  channel  of  any  stream  or  water  course 
within  the  city  limits,  and  improve  the  same  as  they  deem  best,  and 
make  appropriations  to  pay  for  the  same. 

III.     ferries  and  toll  bridges. 

Article  897.  The  City  Council  may  at  any  time,  by  resolution,  pre- 
scribe regulations  for  the  government  of  toll  bridges  and  ferries,  and 


Eevised  Okdinances  of  the  City  of  Austin.  213 

fix  the  fees  to  be  charged  by  the  same;  but  the  owners  or  keepers  of  all 
ferries  or  toll  bridges  in  this  city  shall  be  required  to  pay  such  license 
tax  as  is  hereinafter  assessed  and  provided  for;  and  shall  be  required  to 
keep  the  approaches  thereto  in  good  condition,  free  of  charge  to  the  city ; 
and  the  condition  of  the  approaches  to  any  ferry  or  toll  bridge  shall  be 
subject  to  the  inspection  of  the  Street  Committee,  and  altered  or  repaired 
as  ordered  by  them. 

CHAPTER  IX. 

USE  OF GUARDED  AND  BEGULATED. 

I.      SLEEPING  ON  PROHIBITED. 

Article  898.  Whoever  shall,  in  this  city,  be  asleep  in  the  night- 
time, in  any  street,  alley,  highway,  square,  sidewalk,  or  other  public 
place,  not  belonging  to  him  or  them,  shall  be  deemed"  guilty  of  a  mis- 
demeanor and,  on  conviction,  shall  be  punished  by  fine  of  not  less  than 
five  nor  more  than  one  hundred  dollars. 

II.       SIGNS. 

Article  899.  That  it  shall  hereafter  be  unlaAvful  for  any  person, 
firm  or  corporation  to  place  any  sign  over  any  part  of  the  streets,  side- 
walks or  gutters  embraced  within  the  following  territory,  viz. :  That 
portion  of  Congress  Avenue  situated  between  the  Colorado  River  and 
the  State  Capitol,  any  street  crossing  said  portion  of  said  Congress  Avenue 
and  within  one  block  of  same  and  Sixth  Street  from  East  to  West  Ave- 
nues; provided,  that  this  ordinance  shall  not  apply  to  stationary  awn- 
ings; and  any  person  violating  any  provision  hereof  shall  be  deemed 
gjiilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  in  any 
sum  not  less  than  five  nor  more  than  ten  dollars. 

III.      USE  OF,  WITH  ANIMALS,  REGULATED. 

Article  900.  If  any  person  in  this  city  shall  ride  or  drive,  load  or 
place  any  animal  or  vehicle  on  any  sidewalk,  pavement  or  banquette, 
otherwise  than  in  going  in  and  out  of  premises  owned  or  controlled  by 
him  or  his  employer,  or  sball  ride  or  drive  over  any  bridge  in  any  gait 
other  than  a  walk ;  or  shall  leave  any  horse  or  other  beast  of  burden  with- 
out the  same  being  securely  tied;  or  shall  leave  any  team  or  beast  of 
burden  attached  to  a  vehicle  without  being  securely  tied ;  or  shall  stop 
any  animal  or  vehicle  on  any  street  or  alley  crossing,  so  as  to  obstruct 
the  street  or  passway,  he  shall,  on  conviction,  be  fined  not  less  than  five 
nor  more  than  one  hundred  dollars. 


214  Eevised  Ordinances  of  the  City  of  Austin. 

IV.    obstructions. 

Article  901.  If  any  person  in  this  city  shall  place  or  throw  or  cause 
to  be  placed  or  thrown  any  article  whatever  upon  any  highway,  street, 
alley,  bridge  or  public  place  so  as  to  obstruct  a  full  and  free  passage 
over  any  such  highway,  street,  alley,  bridge  or  public  place,  he  shall  be 
deemed  guilty  of  a  misdemeanor  and  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  one  hundred  dollars. 

Article  902.  Hereafter  it  shall  not  be  lawful  for  any  merchant  or 
other  person  in  this  city  to  place,  stack  or  leave  any  barb  wire  or  other 
barbed  material  in,  or  upon  any  part  of  any  sidewalk  or  street,  within 
the  limits  of  this  city,  and  any  person  violating  the  provisions  of  this 
article,  shall  be  punished  by.  a  fine  of  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Article  903.  Whoever  shall,  in  this  city,  cast,  throw  or  place  upon 
any  paved  sidewalk,  any  stone,  brick  or  firewood,  or  shall  cut  or  saw, 
or  permit  to  be  cut  or  sawed,  any  firewood  upon  such  sidewalk,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
by  fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  904.  Whoever,  in  this  city,  shall  throw  heavy  or  dangerous 
articles,  or  water,  or  slops,  or  any  articles  from. the  windows  or  doors 
of  upper  stories  of  houses,  upon  the  streets,  alleys,  pavements  or  other 
places  where  people  pass,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  punished  by  fine  of  not  less  than  five  nor  more 
than  one  hundred  dollars. 

Article  905.  It  shall  not  be  lawful  for  any  person  engaged  in  build- 
ing or  repairing  any  house,  store  or  other  building  to  lay  or  place  any 
rock,  brick,  boards,  timber  or  other  material  for  building  in  any  of  the 
streets  or  alleys  of  this  city  more  than  ten  days  before  commencing  to 
build  or  repair. 

Article  906.  It  shall  not  be  lawful  for  any  person  owning,  controll- 
ing or  in  any  manner  engaged  in  the  election  or  repairing,  or  in  the 
tearing  down  or  removal  of  any  building,  to  use  or  occupy  for  the  placing 
of  any  rock,  brick,  boards,  timber  or  other  material,  a  greater  portion 
of  any  street  or  alley  than  one-third  the  width  of  such  street  or  alley, 
and  no  greater  portion  of  the  length  of  such  street  or  alley  than  the 
front  of  the  lot  of  ground  under  the  control  of  such  person  or  persons 
so  engaged,  without  the  consent  of  the  person  or  person's  owning  or  con- 
trolling the  adjoining  premises. 

Article  907.  It  shall  not  be  lawful  for  any  person  engaged  in  the 
erection,  repairing,  tearing  down  or  removal  of  any  building  to  allow 
any  rock,  brick,  boards,  timber  or  other  material  to  remain  in  or  upon 
any  street  or  alley  for  a  longer  period  than  ten  days  after  the  completion 
of  the  erection,  repairing,  tearing  down  or  removal  of  any  building. 


Eevised  Ordinances  of  the  City  of  Austin.  215 

Article  908.  Any  person  violating  any  of  the  provisions  of  the  three 
preceding  articles  (numbered,  respectively,  905,  906  and  907),  shall, 
upon  conviction,  be  punished  by  fine  of  not  less  than  five  nor 'more  than 
one  hundred  dollars  for  each  and  every  offense. 

Article  909.  Whoever,  in  this  city,  shall  allow  the  pavements  in 
front  of  any  property  owned  or  controlled  by  him,  her  or  them  to  be- 
come unclean  in  any  manner,  or  out  of  repair,  or  in  such  a  condition, 
from  any  cause,  as  to  endanger  or  interrupt  free  passage  thereon;  or 
shall  allow  weeds  to  grow  along  the  pavements  or  sidewalks  in  front  of 
any  premises  owned  or  controlled  by  him,  her  or  them,  where  the  same 
are  on  opened  streets  with  the  sidewalks  paved ;  or  shall  deposit  or  throw 
on  any  public  grounds,  whether  enclosed  or  not,  any  earth,  ashes  or  other 
material,  whether,  except  in  places  designated  by  the  proper  authority; 
or  shall  remove  any  earth,  stone  or  other  material  from  any  street,  square 
or  other  public  ground  or  place,  without  proper  authority,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  punished 
by  fine  of  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  910.  No  city  official,  employe  or  contractor,  nor  any  other 
person,  association,  corporation  or  company,  shall,  in  laying  gas  or  water 
pipes  or  in  erecting  telephone,  telegraph  or  electric  light  poles,  appliances 
and  appurtenances,  or  in  the  building  of  sewers,  street  and  other  rail- 
roads, or  in  any  other  improvements,  where  it  is  necessary  to  break  the 
earth,  or  excavate  the  soil,  or  in  repairing  the  same  or  in  constructing 
or  repairing  ditches,  drains  and  culverts,  or  in  making  connections  with 
city  or  private  sewers,  dig  into  or  break  up  or  assist  in  digging  into  or 
breaking  up  any  street,  alley  or  other  public  place,  unless  the  earth  re- 
moved by  such  dig<?ing  or  breaking  up,  be  returned  and  thoroughly 
water  soaked,  rammed  and  consolidated,  so  as  to  place  the  street,  alley 
or  other  public  place  in  the  same  condition  it  was  before  such  digging 
or  breaking  up. 

Article  911.  When  any  of  the  persons,  companies  or  corporations 
mentioned  in  Article  910  have  heretofore  dug  up,  excavated  or  broken 
the  earth  in  any  public  place  and  the  place  so  dug,  excavated  or  broken, 
becomes  or  shall  hereafter  become  out  of  repair  or  dangerous  Avithin  the 
space  of  one  year  from  the  time  of  the  digging,  excavation  or  breaking, 
and  such  condition  of  the  public  place  can  be  traced  to  such  digging, 
breaking  or  excavation  by  the  persons  namied,  they  shall  upon  notifica- 
tion by  the  City  Engineer,  within  five  days,  repair  the  same  as  specified 
in  the  preceding  article. 

Article  912.  Any  person  violating  any  of  the  provisions  of  Articles 
910  and  911  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  ton  nor  more  than  one  hun-- 
dred  dollars. 


216  Revised  Ordinances  of  the  City  of  Austin. 

Article  913.  Whenever  any  pavement  or  sidewalk  adjacent  to  any 
lot,  block  or  part  of  the  same,  shall  become  out  of  repair  so  as  to  inter- 
rupt free  passage  over  the  same,  or  a  nuisance,  whether  caused  from  the 
growth  of-  weeds  or  otherwise,  the  City  Marshal  shall  notify  the  person 
owning  or  controlling  the  property  fronting  thereon  to  repair  or  remove 
the  same;  and  it  shall  be  the  duty  of  said  person  to  proceed  to  comply 
with  said  notification  at  once,  and  on  failing  or  refusing  to  comply 
therewith,  said  person  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction,  shall  be  fined  not  less  than  five  nor  more  than  one  hundred 
dollars. 

Article  914.  Where  either  the  owner,  lessee  or  their  agent  of  one 
or  more  lots  in  this  city  shall  use  any  portion  of  the  public  streets  or 
alleys  of  this  city  for  the  purpose  of  placing  building  material  thereon, 
with  a  view  of  erecting  a  building  or  making  repairs  on  such  lot  or  build- 
ing, or  for  any  other  purpose  whatsoever,  it  shall  be  the  duty  of  such 
owner,  lessee  or  their  agents,  to  have  placed  at  each  end  of  such  building 
material,  at  sundown,  a  lighted  lantern,  and  if  the  space  occupied  bv 
such  person  or  persons  be  greater  than  twenty  feet  either  way,  then  an 
additional  lighted  lantern  shall  be  kept  lit  from  sundown  to  daybreak. 

V.      OPENINGS. 

Article  915.  Whoever  shall,  in  this  city,  dig,  or  cause  to  be  dug, 
any  excavation  in  or  adjoining  any  highway,  thoroughfare  or  other 
public  place,  and  shall  not,  during  the  night,  cause  the  same  to  be  fenced 
in  with  a  substantial  fence  at  least  three  feet  high,  the  boards  or  rails 
of  which  shall  not  be  more  than  one  foot  apart,  shall  be  deemed-  guilty 
of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  not  less  than  five 
nor  more  than  one  hundred  dollars. 

Article  916.  Whoever  shall,  in  this  city,  dig,  or  cause  to  be  dug, 
in  any  highway,  thoroughfare  or  sidewalk,  a  vault,  and  shall  not  arch 
or  cover  over  the  same,  and  secure  the  grating  or  covering  thereof  in  such 
manner  as  to  prevent  persons,  animals  and  vehicles  from  falling  therein, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
fined  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  917.  Whoever,  in  this  city,  shall  keep  or  leave  open  any 
cellar  door,  covering  or  grating  of  an}'  vault,  on  any  highway,  thorough- 
fare or  sidewalk,  or  shall  suffer  any  such  door,  covering  or  grating  be- 
longing to  the  premises  occupied  by  him  on  any  such  place,  to  be  in  an 
insecure  condition,  wherebv  passersby  may  be  in  danger  of  falling  into 
a  cellar  or  vault,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  con- 
viction, shall  be  fined  liot  less  than  five  nor  more  than  one  hundred 
dollars. 


Ep]vised  Ordinances  of  the  City  of  Austin.  217 

VI.     posters,  signs,  etc. 

Article  918.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion within  the  City  of  Austin  to  throw  or  place,  or  cause  to  be  placed, 
any  loose  paper  or  papers  of  any  kind  or  character  in  the  streets  or 
alleys  of  the  City  of  Austin. 

Article  919.  It  shall  also  be  unlawful  for  any  person,  firm  or  cor- 
poration to  place  or  cause  to  be  placed  in  any  street,  alley  or  sidewalk 
in  the  City  of  Austin  any  posters  or  advertising  matter  in  the  form  of 
paper  bills  or  advertisements,  or  to  place  the  same  in  any  street  or  alley 
in  the  City  of  Austin  in  such  a  manner  or  in  such  a  way  that  the  same 
is  liable  to  become  loose  and  blow  about  the  streets  or  alleys  of  the  City 
of  Austin. 

Article  920.  Any  person,  firm  or  corporation  desiring  to  put  loose 
papers  in  trash  boxes  shall  cause  the  same  to  be  securely  covered,  so  that 
the"  papers  and  trash  therein  shall  not  be  blown  out  about  the  streets 
and  alleys  of  the  city,  but  shall  be  securely  confined  in  said  receptacle. 

Article  921.  Any  person,  firm  or  corporation  violating  the  provis- 
ions of  the  three  preceding  articles  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction,  shall  be  fined  not  less  than  five  nor 
more  than  one  hundred  dollars. 

Article  922.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  place  any  sign,  placard,  notice,  bulletin  board  or  advertising  de- 
vice of  any  nature  or  kind  whatsoever,  upon  or  against  any  pole  erected, 
used  or  maintained  in  any  street  in  the  City  of  Austin  for  the  support 
of  any  telegraph,  telephone  or  electric  light  wire  or  wires. 

Article  923.  Any  person  who  shall  violate  the  provisions  of  the  pre- 
ceding article  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof^  he  shall  be  fined  in  any  sum  not  less  than  five,  nor  more 
than  one  hundred  dollars. 

Article  924.  It  shall  be  the  duty  of  the  City  Marshal  to  remove  any 
signs,  bulletin  boards,  bill  boards  or  advertising  placards  and  designs 
of  any  kind  now  upon,  attached  to  or  against  any  telegraph,  telephone 
or  electric  light  pole  in  any  street  in  the  city  or  which  may  hereafter 
be  placed  on  any  such  pole  in  such  manner  as  to  violate  the  provisions 
of  Article  909. 

vii.     bicycles,  etc. 

Article  925.  It  shall  not  be  lawful  for  any  person  to  ride  on,  propel 
or  be  carried  by  or  on  a  bicycle,  tricycle,  velocipede  or  other  vehicle  or 
appliance  of  like  or  analogous  character  on  any  sidewalk  of  any  street 
of  the  City  of  Austin  which  may  be  curbed  or  separated  from  the  rest 
of  the  street ;  provided,  that  this  ordinance  shall  not  apply  to  infants 
under  the  age  of  ten  years. 


218  Eevised  Ordinances  of  the  City  of  Austin. 

Article  926.  It  shall  be  unlawful  for  any  person  to  ride  a  bicycle, 
tricycle  or  velocipede  on  any  street,  sidewalk  or  other  highway  within 
the  City  of  Austin  after  dark  without  having  a  light  plainly  displayed 
from  the  front  of  such  bicycle,  tricycle  or  velocipede. 

Article  927.  Any  person  who  shall  violate  any  of  the  provisions  of 
the  two  preceding  articles  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than  five  nor 
more  than  one  hundred  dollars. 

VIII.     vending  on  prohibited. 

Article  928.  It  shall  be  unlawful  for  the  owner,  driver  or  person 
in  charge  of  any  moving  van,  express  wagon,  vehicle  from  which  wood, 
fruit,  vegetables  or  other  goods  or  produce  of  any  character  whatsoever 
is  being  sold  by  retail,  to  stop  or  permit  such  vehicle  to  stand,  for  the 
purpose  of  selling  same  on  anv  street,  alley,  sidewalk  or  other  public 
place  of  the  city  embraced  in  the  following  territory,  viz.:  (1)  On  or 
within  one-half  block  of  any  portion  of  Congress  Avenue  embraced  be- 
tween the  Colorado  Eiver  and  the  State  Capitol,  and  (2)  on  or  within 
one-half  block  of  any  portion  of  Sixth  Street  embraced  between  East 
and  West  Avenues. 

Article  929.  Any  person  violating  any  provision  of  the  preceding 
article  shall  be  fined  not  less  than  five  nor  more  than  one  hundred  dollars. 

Article  930.  It  shall  be  unlawful  for  any  person  vending  goods, 
wares  or  merchandise  of  any  kind  whatever  on  Congress  Avenue,  be- 
tween the  Colorado  River  and  the  north  side  of  Eleventh  Street,  and  on 
Sixth  Street  between  East  and  West  Avenues,  or  on  any  street  crossing 
said  streets  within  one-half  block  of  same,  or  on  any  sidewalk  of  said 
streets,  to  carry  or  hold  or  have  such  goods,  wares  or  merchandise  in  a 
box,  basket  or  pack  larger  than  eighteen  by  twenty-four  (18x24)  inches 
square  and  not  over  eighteen  inches  deep. 

Article  931.  Stands  on  street  corners  where  the  venders  rent  or  have 
permission  from  the  occupant  or  owner  of  the  building  on  such  corner 
shall  not  occupy  a  space  wider  than  eighteen  (18)  inches  on  the  side- 
walk and  shall  be  next  to  and  against  the  wall  of  the  building,  and  at 
such  corners  there  shall  be  no  other  obstruction  on  the  sidewalk. 

Article  932.  That  it  shall  be  unlawful  foir  any  vender  to  stop  or 
stand  or  loitef  on  the  comers  of  Sixth  Street  and  "Congress  Avenue  or 
within  one-half  block  of  said  corners. 

Article  933.  Any  person  violating  the  three  preceding  articles  upon 
conviction  shall  be  fined  not  less  than  five  nor  more  than  one  hundred 
dollars. 

Article  934,  The  four  preceding  articles  shall  apply  only  to  such 
venders  as  sell  home-made  products. 


Revised  Ordinances  of  the  City  of  Austin.  219 

Article  935.  The  following  territory  within  the  City  of  Austin  be 
and  the  same  is  hereby  designated  as  the  market  place  of  said  city, 
towit:  That  portion  of  East  Avenue  embraced  between  Sixth  and 
Seventh  Streets. 

Article  936.  Henceforth  it  shall  be  unlawful  for  any  owner,  driver 
or  other  person  in  possession  of  any  watermelon  wagon,  hay  wagon,  wood 
wagon,  charcoal  wagon  or  vegetable  wagon  to  use  any  other  territory 
than  that  above  designated  for  the  purpose  of  a  market  place. 

Article  937.  The  City  Marshal  is  hereby  specially  instructed  to  see 
to  the  enforcement  of  the  above  provisions. 

Article  938.  Any  person  violating  any  of  the  provisions  of  the  fore- 
going articles  shall,  upon  conviction  thereof,  be  fined  not  less  than  five 
nor  more  than  twenty-five  dollars. 

Article  939.  Block  59  and  the  public  squares  of  the  City  of  Austin 
are  hereby  designated  as  stands  for  venders  of  wood,  hay  and  poultry 
brought  to  this  city  on  wagons. 

Article  940.  All  venders  of  wood,  hay  and  poultry  coming  to  this 
city  with  said  articles,  on  wagons,  are  hereby  directed  to  place  or  have 
their  wagons  placed  on  said  block  59,  or  the  public  squares  of  the  City 
of  Austin,  and  it  shall  be  unlawful  for  any  person  or  persons  having 
said  articles  for  sale  to  take  stand  upon  any  of  the  streets  or  alleys  of 
this  city;  provided,  that  this  ordinance  shall  not  interfere  with  huck- 
sters who  pay  a  license  to  the  city  for  plying  their  vocation. 

Article  941.  It  is  made  the  dutv  of  the  City  Marshal  to  instruct 
his  police  force  to  notify  all  persons  described  in  Articles  928,  930,  936 
and  940,  who  have  taken  or  may  hereafter  take,  "stand"  on  any  of  the 
streets  or  alleys  of  this  city,  of  the  existence  of  this  ordinance. 

Article  942.  It  shall  be  a  misdemeanor  for  any  person  or  persons 
to  violate  Articles  939,  940  or  941,  and  any  person  or  persons  so  violating 
shall,  on  conviction  thereof,  be  fined  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  and  every  offense. 


220    .         Bevised  Ordinances  of  the  City  of  Austin. 


TITLE  XXXVIT, 


SUNDAY. 


CHAPTER  I. 
observance  of  regulated. 

Article  943.  If  any  person  in  this  city  shall  labor,  or  compel,  force 
or  oblige  his  employes,  workmen  or  apprentices,  to  labor  on  Sunday 
between  the  hours  of  9  o'clock  a.  m.  and  4  o'clock  p.  m.  he  shall,  on 
conviction,  be  fined  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

Article  944.  The  preceding  article  shall  not  apply  to  household 
duties,  works  of  necessity  or  charity,  nor  to  rail  cars,  wagon  trains, 
common  carriers,  nor  to  the  delivery  of  goods  by  them, "or  the  receiving 
or  storing  of  said  goods  by  the  parties,  or  their  agents,  to  whom  said 
goods  are  delivered;  nor  to  stages  carrying  the  United  States  mail,  or 
passengers;  nor  to  foundries;  nor  to  persons  traveling;  nor  to  ferrymen, 
or  keepers  of  toll  bridges,  keepers  of  hotels,  boarding  houses  and  res- 
taurants and  their  servants ;  »nor  to  keepers  of  livery  stables  and  their 
servantiS ;  nor  t«  any  person  who  conscientiously  believes  that  the  seventh, 
or  any  other  day  of  the  week,  ought  to  be  observed  as  the  Sabbath,  and 
M'ho  actually  refrains  from  business  and  labor  on  that  day  for  religious 
reasons. 

Article  945.  Any  person  who  shall  run,  or  be  engaged  in  running, 
any  horse  race,  or  who  shall  permit  or  allow  the  use  of  any  nine  or  ten- 
pin  alley,  or  who  shall  be  engaged  in  match  shooting,  or  any  species 
of  gaming  for  money,  or  other  consideration,  within  the  limits  of  this 
city  on  Sunday,  shall,  on  conviction,  be  fined  not  less  than  twenty  nor 
more  than  one  hundred  dollars. 

Article  946.  If  any  person  shall,  on  Sunday,  between  the  hours 
of  9  o'clock  a.  m.  and  4  o'clock  p.  m.,  sell^  or  offer  for  sale,'^give  away, 
or  in  any  other  manner  dispose  of  any  spirituous,  vinous,  malt,  or  other 
intoxicating  liquors,  he  shall,  on  conviction,  be  fined  not  less  than  twenty 
nor  more  than  one  hundred  dollars.  -  v     *      " 

Article  947.  Any  merchant,  grocer  or  dealer  in  any  wares  or  mer- 
chandise, other  than  those  mentioned  in  the  preceding  article,  or  trader 
in  any  lawful  business,  who  shall  barter  or  sell  any  goods,  wares  or 
merchandise  whatever  on  Sunday,  between  the  hours  of  9  o'clock  a.  m. 


Revised  Ordinances  of  the  City  of  Austin.  221 

and  4  (y'clock  p.  m.  shall,  on  conviction,  be  fined  not  less  than  twenty 
nor  more  than  one  hundred  dollars. 

Article  948.  The  provisions  of  the  preceding  article  shall  not 
apply  to  sales  of  burial  or  shrouding  material,  nor  to  the  sale  of  news- 
papers, ice  or  milk,  nor  to  the  sending  or  receiving  of  telegraph  mes- 
sages, nor  to  the  sale  of  drugs  and  medicines. 

Article  949.  If  the  owner,  proprietor,  agent,  employe,  or  person  in 
charge  of  any  barroom,  saloon  or  other  establishment,  by  whatsoever 
name  the  same  may  be  known  or  called,  where  any  vinous,  spirituous, 
malt  or  other  intoxicating  liquors  are  sol(J,  or  kept  for  sale,  shall, 
on  Sunday,  between  the  hours  of  9  o'clock  a.  m.  and  4  o'clock  p.  m. 
keep  open  the  door  or  doors  of  any  such  establishment,  he  shall  on  con-  J 
viction,  be  fined  not  less  than  ten  nor  more  than  one  hundred  dollars. 

Article  950.  If  any  person  shall  on  Svinday,  between  the  hours  of 
9  o'clock  a.  m.  and  4  o'clock  p.  m.,  play  at  any  game  of  billiards,  pool, 
bagatelle,  Jenny  Lind  or  pigeon  hole,  in  any  public  place,  or  house, 
baseball,  or  other  game  of  like  kind,  or  shall  allow  any  such  game  to 
be  played  in  any  public  place,  or  house,  or  upon  any  premises,  or 
place  in  his  charge,  or  under  his  control,  he  shall,  on  conviction,  be  fined 
not  less  than  ten  nor  more  than  one  hundred  dollars. 

Article  951.  That  it  shall  not  be  lawful  to  march  in  any  proces- 
sion with  music,  or  otherwise,  through  any  street  or  other  public  place 
on  Sunday,  or  to  perform,  or  be  engaged  in  giving  any  theatrical  exhi- 
bition or  musical  concert  in  any  saloon,  or  public  place,  on  Sunday  in 
this  city,  and  any  person  violating  the  provisions  of  this  article  shall, 
on  conviction,  be  fined  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

Article  952.  The  provisions  of  the  preceding  article  shall  not  apply 
to  funeral  processions,  nor  to  cases  where  the  Mayor  shall  give  his  per- 
mission, and  the  Mayor  shall  have  the  right  to  give  permission  in  all 
cases  mentioned  in  the  preceding  article. 


222  Kevised  Ordinances  of  the  City  of  Austin. 


TITLE  XXXVIII. 


TAXATION. 


CHAPTEK  I. 

pkoporty  subject  to. 

Article  953.  All  property,  real,  personal  or  mixed,  made  taxable  by 
the  laws  of  the  State  of  Texas,  which  is  situated  in  the  City  of  Austin, 
on  the  first  day  of  January  of  each  year,  and  all  personal  property 
owned  or  controlled  by  persons  residing  herein  and  taxable  by  law  at 
the  place  where  the  owner  or  agent  in  charge  may  reside,  shall  be  sub- 
ject to  taxation  by  said  city  for  all  purposes  provided  in  the  charter,  in- 
cluding the  support  of  the  public  free  schools  of  said  city. 

Article  954.  Eeal  property,  for  the  purpose  of  taxation,  shall  be 
construed  to  include  the  land  itself,  whether  laid  out  in  town  lots  or 
otherwise,  and  all  the  buildings,  structures  and  improvements,  or  other 
fixtures  of  whatsoever  kind  thereon,  and  all  the  rights  and  privileges 
belonging  or  in  anywise  appertaining  thereto,  and  all  mines,  minerals, 
quarries  and  fossils  in  and  under  the  same. 

Article  955.  Personal  property  shall,  for  the  purposes  of  taxation, 
be  construed  to  include  all  moneys,  whether  in  jwssession  or  on  deposit, 
or  in  the  hands  of  any  member  of  the  family  or  any  other  person  what- 
soever; all  goods,  chattels,  credits  and  effects,  wheresoever  they  may  be 
in  the  city;  all  boats  and  vessels,  and  all  capital  invested  therein;  all 
moneys  at  interest  due  the  person,  to  be  taxed  over  and  above  what  he 
pays  interest  for,  and  all  other  debts  due  such  person  over  and 
above  their  indebtedness;  all  public  stocks  and  securities;  all  stock  in 
turnpikes,  railroads  and  canals  and  other  corporations;  all  personal 
estate  of  moneyed  corporations,  whether  the  owners  thereof  reside  in 
or  out  of  this  city,  and  the  income  of  any  annuity;  all  shares  in  any 
bank  organized,  or  that  may  be  organized  under  the  laws  of  the  United 
States ;  all  improvements  made  by  persons  upon  lands  held  by  them,  the 
title  to  which  is  still  vested  in  the  State  of  Texas,  or  in  any  rail- 
road company,  or  which  have  been  exempted  from  taxation  for  the 
benefit  of  the  railroad  company,  or  any  other  corporation  or  corporations 
whose  property  is  not  subject  to  the  same  mode  and  rule  of  taxation  as 
other  property;  provided,  that  nothing  in  this  article  shall  be  so  con- 
strued as  to  exempt  from  taxation  any  improvements  on  lands  granted  to 


Eevised  Ordinances  of  the  City  of  Austin.  22d 

any  railroad  company  or  other  corporation  and  exempted  from  taxation 
for  a  term  of  years. 

Article  95G.  The  term  money  or  moneys  wherever  used  in  this 
chapter  shall,  besides  money  or  moneys,  include  every  deposit  which 
any  person  owning  the  same,  or  holding  in  trust,  is  entitled  to  withdraw 
in  money  on  demand.  The  term  credits,  wherever  used  in  this  chapter, 
or  any  other  ordinance  regulating  the  assessment  or  collection  of  taxes, 
shall  be  held  to  mean  and  include  every  claim  and  demand  for  money 
or  other  valuable  thing,  and  every  annuity  or  sum  of  money  receivable 
at  stated  periods,  due  or  to  become  due,  and  all  claims  and  demands 
secured  by  deed  or  mortgage,  due  or  to  become  due.  The  terms 
tract  or  lot  and  piece  or  parcel  of  real  property  and  piece  and  parcel 
of  land,  wherever  used  in  this  chapter,  or  any  other  ordinance  regulating 
the  assessment  and  collection  of  taxes,  shall  each  be  held  to  mean  any 
quantity  of  land  in  possession  of,  owned  by  or  recorded  as  the  property 
of  the  same  claimant,  person,  company  or  corporation. 

Every  word  importing  the  singular  number  only  may  extend  to  and 
embrace  the  plural,  and  every  word  importing  the  plural  number  may 
be  applied  and  limited  to  the  singular  number;  and  every  word  im- 
porting the  masculine  gender  only  may  be  extended  and  applied  to 
females  as  well  as  males.  Wherever  the  word  oath  is  used  in  this  chap- 
ter, or  in  any  other  ordinance  regulating  the  assessment  and  collection 
of  taxes,  it  shall  be  held  to  mean  oath  or  affirmation;  and  the  word 
swear,  in  this  chapter  or  any  other  ordinance  regulating  the  assessment 
and  collection  of  taxes,  may  be  held  to  mean  affirm.  The  term  true 
and  full  value,  wherever  used  in  this  chapter,  or  any  other  ordinance 
regulating  the  assessment  and  collection  of  taxes,  shall  be  held  to 
mean  the  fair  market  value,  in  cash,  at  the  place  where  the  property 
to  which  the  term  is  applied  shall  be  at  the  time  of  assessment,  being 
the  price  which  could  be  obtained  therefor  at  private  sale,  and  not  at 
forced  or  auction  sale.  The  term  person,  wherever  used  in  this  chap- 
ter, or  any  other  ordinance  regulating  the  assessment  and  collection 
of  taxes,  shall  be  construed  to  include  firm,  company  or  corporation. 

Article  957.  All  property  described  in  this  article  to  the  extent 
herein  limited,  shall  be  exempt  from  taxation;  that  is  to  say: 

1.  Public  school  houses,  and  houses  used  exclusively  for  public  wor- 
ship, the  books  and  furniture  therein  and  the  grounds  attached  to  such 
buildings  necessary  for  the  proper  occupancy,  use  and  enjoyment  of  the 
same;  and  all  the  lands  connected  with  public  institutions  of  learning, 
and  all  endowment  funds  of  institutions  of  learning  not  used  with  a 
view  to  profit;  and  all  buildings  used  exclusively  and  owned  by  per- 
sons, or  associations  of  persons,  for  such  purposes.     This  provision  shall 


224  Eevised  Ordinances  of  the  City  of  Ausiij!j. 

not  extend  to  leasehold  estates  of  real  property  held  under  the  authority 
of  any  college  or  university  of  learning  in  this  city. 

2.  All  lands  used  exclusively  for  graveyards,  or  grounds  for  burying 
the  dead,  except  such  as  are  held  by  any  person,  company  or  corporation, 
with  a  view  to  profit,  or  for  the  purpose  of  speculation  in  the  sale 
thereof. 

3.  All  property,  whether  real. or  personal,  belonging  exclusively  to 
this  State  or  the  United  States. 

4.  All  buildings  belonging  to  the  county  used  for  holding  courts, 
for  jails,  for  county  officers,  with  the  land  belonging  to  and  on  which 
such  buildings  are  erected. 

5.  All  lands,  houses  and  other  buildings  belonging  to  the  county  and 
used  exclusively  for  the  support  or  accommodation  of  the  poor. 

6.  All  buildings  belonging  to  institutions  of  purely  public  charity, 
together  with  the  lands  belonging  to  and  occupied  by  such  institutions, 
not  leased  or  otherwise  used  with  a  view  to  profit;  and  all  moneys 
and  credits  appropriated  solely  to  sustaining  and  belonging  exclusively 
to  such  institutions. 

7.  All  public  libraries  and  personal  property  belonging  to  the  same. 

8.  Household  and  kitchen  furniture  not  exceeding,  at  their  true 
and  full  value,  the  amount  of  two  hundred  and  fifty  dollars  to  each 
family,  in  which  may  be  included  one  sewing  machine. 

Article  958.  Pensions  granted  bv  the  Fifteenth  Legislature  to  the 
surviving  soldiers  and  volunteers  of  the  Texas  Revolution,  and  the  sur- 
viving signers  of  the  Declaration  of  Texas  Independence,  and  the  sur- 
viving widows  of  such  soldiers,  signers  and  volunteers  shall  not  be 
taxed. 

Article  959.  All  property  of  railroad  companies  of  whatever  de- 
scription lying  or  being  within  the  City  of  Austin  on  the  first  day  of 
January  of  each  year  shall  bear  its  proportionate  share  of  municipal 
taxation,  and  if  any  such  property  shall  not  have  been  heretofore  ren- 
dered for  taxation  for  any  year,  the  same  shall  be  assessed  and  taxes 
collected  thereon  in  the  same  manner  as  herein  provided  for  other  un- 
rendered  property  of  previous  years. 

Article  960.  There  shall  be  assessed  against  and  collected  from 
every  public  institution,  company  and  corporation,  except  such  as  are 
now  exempted  by  law  from  taxation,  an  ad  valorerh  tax,  in  like  manner 
with  individuals  on  all  property  owned  by  any  such  institution,  company 
or  corporation  in  the  limits  of  the  city,  except  such  proijerty  as  may 
be  exempted  by  law  from  taxation. 


Eevised  Okdinances  of  the  City  of  Austin.  225 

CHAPTEK  II. 

amount  and  purpose  of  tax. 

Article  961.  The  City  Council  shall  have  the  power  within  the 
city  by  ordinance  to  levy  and  collect  an  annual  tax,  not  exceeding  for 
all  purposes,  including  taxes  levied  for  the  support  of  public  schools, 
two  and  one-half  per  cent  of  property  values  within  the  said  city,  and 
such  taxes  shall  be  levied  at  the  first  regular  meeting  in  May  of  each 
year*,  as  follows: 

1.  An  annual  tax  not  exceeding  one  per  cent  on  all  property  within 
the  limits  of  said  city,  made  taxable  by  law  for  State  and  county  pur- 
poses, the  money  raised  by  said  taxes  to  be  used  for  current  expenses 
and  for  general  improvement  of  the  city  and  its  property,  and  at  least 
one-fourth  thereof  shall  be  set  apart  and  devoted  to  the  improvement 
of  streets  and  building  of  bridges  within  the  city;  and  a  part  of  said 
general  revenue,  not  to  exceed  one-fourth  of  one  per  cent  of  the  total 
taxable  values,  as  aforesaid,  of  said  city  may,  by  the  City  Council,  be 
appropriated  and  pledged  for  the  liquidation,  settlement  and  payment 
of  the  money  to  become  due  by  virtue  of  the  terms  of  any  contract 
which  may  be  by  said  city  made  for  the  purchase  of  any  water,  light 
or  power  plant  at  present  owned  and  operated  in  said  city  by  private 
persons  or  corporations.  Whenever  the  City  Council  shall  by  ordinance 
enacted  in  pursuance  af  the  power  above  granted,  pledged  and  set  aside 
any  specific  portion  of  its  general  revenues,  not  exceeding  the  propor- 
tion above  mentioned,  for  the  payment  of  money  due  by  virtue  of  the 
terms  of  such  contract,  such  pledge  and  appropriation  shall  continue  to 
be  a  binding  and  irrepealable  contract  as  to  the  owners  of  the  claim, 
which  it  is  pledged  to  secure,  until  the  claim  thereby  secured  shall  be 
fully  paid  and  discharged;  the  provisions  herein  contained  are  not  ap- 
plicable to  the  contracts  or  claims  or  judgments  which  may  result  or 
have  resulted  from  or  in  the  issuance  of  bonds. 

2.  To  raise  such  further  amount  as  may  be  necessary  to  pay  in- 
terest and  two  per  cent  sinking  fund  annually  on  all  bonded  debts  of 
the  city. 

3.  To  raise  money  on  the  credit  of  the  city  for  a  special  and  definite 
purpose,  by  issuing  bonds  of  the  city  or  otherwise;  provided,  the  bonded 
debt  of  the  city  shall  only  be  increased  by  a  special  act  of  the  Legislature 
or  by  consent  of  two-thirds  of  the  qualified  voters  in  said  city,  who  pay 
taxes  on  property,  real  or  personal,  in  said  city.  All  persons  owning 
property,  real  or  personal,  subject  to  taxation  in  the  said  city  on  the  first 
day  of  January  next  preceding  any  election  that  may  be  held  to  obtain 
such  consent  shall  be  deemed  to  be  persons  who  pay  taxes  on  property  in 
said  city.     Such  election  shall  be  ordered  by  the   City  Council,  and 


226  Eevised  Ordinances  of  the  City  of  Austin. 

notice  thereof  shall  be  given  for  at  least  thirty  days  by  the  Mayor  in 
such  manner  as  may  be  prescribed  by  the  City  Council;  provided,  that 
whatever  power  the  City  Council  may  have  possessed  or  acquired  under 
the  charter  in  force  in  said  city  prior  to  the  passage  of  this  act,  through 
any  election  held  under  said  charter  to  increase  the  indebtedness  of 
said  city,  is  hereby  continued  and  perpetuated  in  said  Council,  and  may 
be  exercised  under  this  act  with  the  same  effect  that  such  power  might 
have  been  exercised  under  said  charter,  if  this  act  had  not  been  passed, 
and  to  no  further  force  or  extent  under  this  act  than  might  have  been 
done  without  the  passage  of  this  act;  provided,  that  lands  within  the 
limits  of  the  city  which  have  not  been  laid  off  into  blocks  and  lots  shall 
not  be  assessed  for  taxes  otherwise  than  by  the  acre,  and  shall  continue 
to  be  so  assessed  and  taxed  until  laid  off  into  lots  and  blocks  by  the 
owners  thereof,  and  the  owners  of  such  lands,  in  laying  off  the  same 
into  lots  and  blocks,  shall  so  arrange  the  streets  that  they  shall  cor- 
respond as  nearly  as  practicable  with  previously  established  streets  of  the 
city. 

Article  962.  The  City  Council  shall  not  repeal  any  tax  levy  after 
it  has  once  finally  passed  same  and  after  taxes  have  been  partially  col- 
lected thereunder. 

CHAPTEE  III. 

TAX  LISTS  AND  LISTING  OR  ASSESSING. 
I.      GENERALLY. 

Article  963.  The  City  Council  shall  have  power  by  ordinance  to 
regulate  the  mode  and  manner  of  making  out  tax  lists,  inventories 
and  appraisements  of  property  for  taxation  and  to  prescribe  the  oath 
that  shall  be  administered  to  each  person  on  such  rendition  of  his  prop- 
erty, and  to  prescribe  how,  when  and  where  property  shall  be  rendered, 
and  to  prescribe  the  number  and  form  of  assessment  rolls,  and  to  fix  the 
duties  and  to  define  the  powers  of  the  City  Assessor  and  Collector  and 
adopt  such  measures  as  the  Council  may  deem  advisable  to  secure  the 
assessment  of  all  property  subject  to  taxation  within  the  city,  and  to 
collect  the  taxes  due  thereon;  and  may  by  ordinance  provide  that  any 
person,  firm  or  agent  in  control,  having  property  subject  to  taxation, 
or  being  liable  for  any  tax  under  the  provisions  of  the  charter,  and 
neglecting,  failing  or  refusing  to  render  a  list,  inventory  and  appraise- 
ment thereof,  or  failing  or  refusing  to  make  oath  thereto,  as  required 
by  the  ordinance  of  said  city,  shall  be  liable  to  fine  and  imprisonment 
or  either,  as  may  be  prescribed. 

Article  964.  All  property  shall  be  listed  for  taxation  between  Jan- 
uary 1  and  June  1,  in  each  year,  when  required  by  the  assessor,  with 


Revised  Oedinances  of  the  City  of  Austin.  227 

reference  to  the  quantity  owned  or  held  on  the  first  day  of  January,  in 
the  year  for  which  the  property  is  required  to  be  listed  or  rendered. 
Any  property,  real  or  personal,  purchased  or  acquired  on  the  first  day  of 
January  shall  be  listed  by  or  for  the  person  purchasing  or  acquiring  it; 
provided,  if  any  property  is  listed  or  assessed  on  or  after  the  first  day  of 
June,  the  same  shall  be  legal  and  binding  as  if  assessed  before  that  time. 

Article  965.  All  real  estate  and  personal  property  liable  to  city 
taxation  shall  be  assessed  in  accordance  with  the  laws  of  the  State  of 
Texas,  except  where  otherwise  provided  for  by  ordinance. 

Article  966.  The  Assessor  shall  be  responsible  for  a  correct  assess- 
ment of  all  real  estate  and  personal  property  within  the  limits  of  the 
city. 

Article  967.  There  shall  be  levied  and  collected  an  annual  tax, 
not  exceeding  one  per  centum,  upon  all  property  in  the  city,  made  tax- 
able by  law  for  State  and  county  purposes;  and  the  City  Council  shall, 
on  or  before  the  first  Monday  in  May  of  each  and  every  year,  fix  by 
ordinance  the  amount  of  per  centum  for  each  annual  levy  of  ad  valorem 
taxes  to  be  assessed  and  collected  for  such  year. 

II.     listing  and  assessing  regulated. 

Article  968.  The  assessing  and  levying  of  taxes  shall  be  provided 
for  by  the  City  Council  by  ordinance. 

Article  969.  The  Assessor  shall,  on  the  first  day  of  January  of 
each  and  every  year  proceed  to  assess  all  property  within  the  city  sub- 
ject to  taxation  against  the  person  or  persons  owning  or  controlling  the 
same,  on  the  first  day  of  January  of  each  and  every  year,  at  its  true 
and  full  value  in  money,  and  in  determining  which  value  he  shall  not 
adopt  a  lower  or  different  standard  of  value  because  same  is  to  serve  as 
a  basis  of  taxation,  nor  shall  he  adopt  as  a  criterion  of  value  the 
price  for  which  said  property  would  sell  at  auction  or  at  forced  sale, 
or  in  the  aggregate  with  all  the  property  in  the  city,  but  he  shall  value 
each  tract  or  lot  by  itself,  and  the  improvements  by  themselves  and 
at  STich  sum  or  price  as  he  believes  the  same  to  be  fairly  worth  in  money 
at  the  time  such  assessment  is  made. 

Article  970.  The  Assessor  shall  by  advertisement  in  the  official 
newspaper  of  the  city,  or  by  posters,  require  all  persons  who  own  or 
control  real  estate  or  personal  property  in  the  city  to  call  at  his  office 
and  render  the  same  for  taxation  between  the  first  day  in  January 
and  the  first  day  in  June  in  each  and  every  year,  and  it  shall  be  the 
duty  of  every  person,  company  or  corporation  owning  or  controlling  tax- 
able property  within  the  limits  of  the  city  on  or  before  the  first  day 
of  June  to  render  to  the  Assessor  of  the  city  a  full  and  complete  in- 
ventory of  the  property  possessed  or  controlled  by  him,  her  or  them, 


228  Kevised  Ordinances  of  the  City  of  Austin. 

on  the  first  day  of  January  of  the  current  year.  The  Assessor  of  Taxes 
is  hereby  authorized  and  empowered  to  administer  all  oaths  necessary  to 
obtain  a  full,  complete  and  correct  assessment  of  all  taxable  property 
of  this  city,  and  he  shall  require  each  person  rendering  a  list  of  taxable 
property  to  him  for  taxation  to  subscribe  to  the  following  oath  or  af- 
firmation, which  shall  be  written  or  printed  at  the  bottom  of  each  in- 
ventory, towit :    I, ,  do  solemnly  swear,  or  affirm,  that  the 

above  inventory  rendered  by  me  contains  a  full,  true  and  complete  list 
of  all  taxable  property  held  by  me,  in  the  City  of  Austin,  Texas, 
subject  to  taxation  by  the  ordinances  of  said  city  on  the  first  day  of 
January,  .  . ,  , ,  and  that  I  have  true  answers  made  to  all  questions  pro- 
pounded to  me  touching  the  same,  so  help  me  God. 

Article  971.  The  Assessor  is  authorized  to  demand  of  every  person 
owning  or  having  charge  of  any  taxable  property,  as  agent,  guardian, 
curator,  trustee  or  otherwise,  a  list  of  such  property,  with  such  de- 
scription as  will  enable  him  to  list  and  assess  the  same;  and  shall  have 
the  power,  and  is  required,  to  examine  the  party  under  oath  touching  the 
same. 

Article  972.  Any  person  or  persons  refusing  to  list  his,  her  or 
their  property  as  aforesaid,  or  to  testify  under  oath  concerning  prop- 
erty belonging  to  him  or  her,  or  under  his,  her  or  their  charge,  or  deliver 
a  correct  description  of  their  property  to  the  Assessor  when  called  upon 
by  him,  or  wilfully  omit  any  such  property  from  the  list  furnished  by 
him,  her  or  tliem,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  fined  not  less  than  five  nor  more  than  one  hundred 
dollars. 

Article  973.  If  the  Assessor  finds  property  within  the  city  the 
owner  of  which  is  unknown,  he  shall  apply  to  the  County  Clerk's  office 
for  the  requisite  information,  and  take  such  other  means  as  may  be 
in  his  power  to  obtain  the  same,  failing  which  he  shall  assess  it  at  its 
value  and  mark  the  property  as  that  of  an  owner  unknown. 

Article  974.  Every  person  of  full  age  and  sound  mind,  who  is  a 
resident  of  this  city,  shall  list  or  render  his  or  her  own  real  estate, 
moneys,  bonds  or  stock  of  Joint  stock  or  other  companies,  moneys  loaned 
or  invested,  annuities,  franchises,  purchases,  royalties,  and  all  other  real 
and  personal  property  situated  in  this  city ;  and  the  Assessor  and  Collector 
is  hereafter  prohibited  from  receiving  or  accepting  the  rendition  or  assess- 
ment of  any  property  of  any  character  whatsoever  from  any  otiier  person, 
other  than  the  owner  thereof,  who  is  a  resident  of  the  city,  except  in  the 
following  cases : 

1.  Property  of  minor  i?hall  be  listed  by  his  guardian  or  the  person 
having  such  property  in  charge. 


Revised  Ordinances  of  the  City  of  Austin.  229 

2.  Property  of  a  wife,  by  her  husband,  if  of  sound  mind;  if  not,  by 
herself. 

3.  Property  of  an  idiot  or  lunatic,  by  the  person  having  charge  of 
such  property. 

4.  Property  of  a  person  for  whose  benefit  it  is  held  in  trust,  by 
the  trustee;  of  the  estate  of  a  deceased  person,  by  the  executor  or  ad- 
ministrator. 

5.  Property  of  corporations  in  hands  of  receiver,  by  such  receiver. 

6.  Property  of  a  body  politic  or  corporate,  by  the  president  or  proper 
agent  or  officer  thereof. 

7.  Property  of  a  firm  or  company,  by  a  partner  thereof. 

8.  Property  of  manufacturers  and  others,  non-residents  of  the  city 
in  the  hands  of  an  agent,  by  such  agent  in  the  name  of  his  principal  as 
real,  personal  and  merchandise. 

Article  975.  All  property,  real  and  personal,  not  exempt  by  law, 
shall  be  listed  and  assessed  as  herein  provided. 

Article  976.  All  railroad,  telegraph,  plank  road,  and  turnpike  com- 
panies shall  list  all  of  their  real  and  personal  property,  giving  the  num- 
ber of  miles  of  roadbed  and  line  in  the  city. 

Article  977.  Persons  required  to  list  property  on  behalf  of  others 
shall  list  it  in  the  same  manner  in  which  they  are  required  to  list  their 
own,  but  they  shall  list  it  separately  from  their  own,  specifying  in  each 
case  the  name  of  the  person,  estate,  company  or  corporation  to  whom  it 
belongs. 

Article  978.  Each  person  required  by  this  chapter  to  list  property 
shall  make  and  sign  a  statement,  verified  by  his  oath,  as  required  by 
law,  of  all  property,  both  real  and  personal,  in  his  possession  or  under 
his  control,  and  which  by  the  provisions  of  this  chapter  he  is  required 
to  list  for  taxation,  either  as  owner  or  holder  thereof,  or  as  guardian, 
parent,  husband,  trustee,  executor,  administrator,  receiver,  accounting 
officer,  partner,  agent  or  factor;  provided,  that  no  person  shall  be  re- 
quired to  list  or  render  a  greater  portion  of  his  credits  than  he  believes 
will  be  received  or  can  be  collected,  or  to  include  in  his  statement  as  a 
part  of  his  personal  property,  which  he  is  required  to  list,  any  share 
or  portion  of  the  capital  stock  or  property  of  any  company  or  corporation 
which  he  is,  or  which  is,  required  to  list  or  return  its  capital  and  prop- 
erty for  taxation  in  this  city. 

Article  979.     Such  statements  shall  truly  and  distinctly  set  forth: 

1.  The  name  of  the  owner. 

2.  The  number  of  acres,  when  not  laid  out  in  blocks  or  lots. 

3.  Value  of  the  land. 

4.  Value  of  the  improvements  thereon. 

5.  The  number  of  the  block. 


330  Revised  Ordinances  of  the  City  of  Austin. 

6.  The  number  of  the  lot,  and  the  value  thereof. 

7.  The  value  of  the  improvements  thereon. 

8.  The  number  of  miles  of  railroad  and  roadbed  in  the  city. 

9.  Value  of  railroad  and  appurtenances,  including  the  proportionate 
amount  of  rolling  stock  to  the  city. 

10.  Number  of  miles  of  telegraph  in  the  city. 

11.  Value  of  telegraph  and  appurtenances  in  the  city. 

12.  Number  and  amount  of  land  certificates,  and  value  thereof. 

13.  Number  of  horses  and  mules,  and   value  thereof. 

14.  Number  of  cattle,  and  value  thereof. 

15.  Number  of  jacks  and  jennets,  and  value  thereof. 

16.  Number  of  sheep,  and  value  thereof. 

17.  Number  of  goats,  and  value  thereof. 

18.  Number  of  hogs,  and  value  thereof. 

19.  Number  of  carriages,  buggies  or  wagons,  of  whatsoever  kind, 
and  value  thereof. 

20.  Number  of  sewing  machines  and  knitting  machines,  and  value 
thereof. 

21.  Number  of  clocks  and  watches,  and  value  thereof. 

22.  Number  of  organs,  melodeons,  pianofortes  and  all  other  musical 
instruments  of  whatsoever  kind,  and  value  thereof. 

23.  The  value  of  household  and  kitchen  furniture  over  and  above 
the  amount  of  two  hundred  and  fifty  dollars. 

24.  Office  furniture,  and  the  value  thereof. 

25.  The  value  of  gold  and  silver  plate. 

26.  The  value  of  diamonds  and  jewelry. 

27.  Every  annuity  or  royalty,  the  description  and  value  thereof. 

28.  Number  of  steamboats,  sailing  vessels,  wharf  boats,  barges,  or 
other  water  crafts,  and  the  value  thereof. 

29.  The  value  of  goods,  wares  and  merchandise  of  every  description, 
which  such  person  is  required  to  list  as  a  merchant  (in  hand  on  the  first 
day  of  January  each  year). 

30.  Value  of  materials  and  manufactured  articles  which  such  per- 
son is  required  to  list  as  manufacturer. 

31.  Value  of  manufacturer's  tools,  implements  and  machinery, 
other  than  boilers  and  engines,  which  shall  be  listed  as  such. 

32.  Number  of  steam  engines,  including  boilers,  and  the  value 
thereof. 

33.  Amount  of  moneys  of  bank,  banker,  broker  or  stock  jobber. 

34.  Amount  of  credits  of  bank,  banker,  broker  or  stock  jobber. 

35.  Amount  of  moneys  other  than  of  bank,  banker,  broker  or  stock 
jobber. 


Eevised  Ordinances  of  the  City  oe  Austin.  231 

36.  Amount  of  credits  other  than  of  bank,  banker,  broker  or  stock 
jobber. 

37.  Amount  and  value  of  bonds  and  stocks  (other  than  United 
States  bonds). 

38.  Amount  and  value  of  shares  of  capital  stock  companies  and  as- 
sociations not  incorporated  by  the  laws  of  this  State. 

39.  Value  of  property  of  companies  and  corporations  other  than 
property  hereinbefore  enumerated. 

40.  Value  of  stock  and  furniture  of  saloons,  hotels  and  eating  houses. 

41.  Value  of  every  billiard,  pigeon-hole,  bagatelle,  or  other  similar 
table,  together  with  the  number  thereof. 

42.  Every  franchise,  the  description  and  value  thereof. 

43.  Value  of  other  property  not  enumerated  above. 

Article  980.  Every  bank,  whether  of  issue  or  deposit,  banker, 
broker,  dealer  in  exchange,  or  stock  jobber,  shall,  at  the  time  fixed  by 
this  chapter  for  listing  personal  property,  make  out  and  furnish  the 
Assessor  of  Taxes  a  sworn  statement  showing : 

1.  The  amount  of  money  on  hand  or  in  transit. 

2.  The  amount  of  funds  in  the  hands  of  other  bankers,  brokers  or 
others,  subject  to  draft. 

3.  The  amount  of  checks  or  other  ca^h  items,  the  amount  thereof  not 
being  included  in  either  of  the  preceding  items. 

4.  The  amount  of  bills  receivable,  discounted  or  purchased,  and  other 
credits  due,  or  to  become  due,  including  accounts  receivable,  interest 
accrued  but  not  due,  and  interest  due  and  unpaid. 

5.  The  amount  of  bonds  and  stocks  of  every  kind,  and  shares  of  cap- 
ital stock  of  joint  stock  or  other  companies  or  corporations,  held  as-  an 
investment,  or  in  any  way  representing  assets. 

6.  All  property  appertaining  to  said  business,  other  than  real  estate 
(which  real  estate  shall  be  listed  and  assessed  as  other  real  estate  is 
listed  and  assessed  under  this  chapter  or  any  other  ordinance). 

7.  The  amount  of  all  other  deposits  made  with  them  by  other  parties. 

8.  The  amount  of  all  accounts  payable,  other  than  current  deposit 
accounts. 

9.  The  amount  of  bonds  or  other  securities  exempt  by  law  from 
taxation,  and  the  amount  of  shares  of  stock  of  any  company  or  corpo- 
ration which  is  required  to  list  its  capital  for  taxation,  specifying  the 
amount  and  kind  of  each,  the  same  being  included  in  preceding  fifth 
item. 

The  aggregate  amount  of  the  first,  second  and  third  shall  be  listed  as 
money;  the  amount  of  the  sixth  item  shall  be  listed  the  same  as  other 
personal  property  is  listed  under  this  chapter;  the  aggregate  amount 
of  the  seventh  and  eighth  items  shall  be  deducted  from  the  aggregate 


232  Revised  Ordinances  of  the  City  of  Austin. 

amount  of  the  first,  second,  third  and  fourth  items  of  said  statement, 
and  the  amount  of  the  remainder,  if  any,  shall  be  listed  as  credits;  the 
aggregate  amount  of  the  ninth  item  shall  be  deducted  from  the  aggregate 
amount  of  the  fifth  item  of  such  statement,  and  the  remainder  shall 
be  listed  as  bonds  or  stocks. 

Article  981.  Xo  person,  company  or  corporation  shall  be  entitled  to 
any  deduction  on  account  of  any  bond,  note  or  obligation  of  any  kind, 
given  to  any  mutual  insurance  company;  nor  on  account  of  any  unpaid 
subscription  to  any  religious,  literary,  scientific  or  charitable  institution 
or  society;  nor  on  account  of  any  subscription  to  or  installments  payable 
on  the  capital  stock  of  any  company,  whether  incorporated  or  unincor- 
porated. 

Article  982.  It  shall  be  the  duty  of  every  railroad  corporation  to 
deliver  a  sworn  statement,  on  or  before  the  first  day  of  April  in  each 
year  to  the  Assessor,  containing  a  classified  list  of  all  property  owned 
or  in  possession  of  said  company,  specifying: 

1.  The  number  of  acres  of  land  and  the  number  of  blocks  and  lots 
owned,  possessed  or  appropriated  for  their  use,  with  a  valuation  affixed 
to  the  same,  deducting  such  portions,  if  any,  as  are  already  devoted  to 
public  uses  and  purposes. 

2.  The  whole  length  of  their  superstructure,  and  value  thereof; 
and  construing  "superstructure"  to  mean  the  ties,  chairs,  rails,  spikes, 
frogs  and  switches,  whether  such  superstructure  be  laid  on  land  or  on 
artificial  foundation. 

3.  The  buildings,  machinery  and  tools  therein,  belonging  to  the  com- 
pany or  in  their  possession,  describing  them  by  the  location,  with  the 
estimated  value. 

Article  983.  It  shall  be  the  duty  of  every  railroad  corporation  own- 
ing any  road  in  this  city  to  deliver  a  sworn  statement,  on  or  before  the 
first  day  of  April  in  each  year,  to  the  Assessor,  setting  forth  the  true 
and  full  value  of  the  rolling  stock  of  such  railroad ;  and  the  same  shall 
be  rendered  and  listed  for  taxes  to  the  Assessor,  and  shall  be  propor- 
tioned to  the  city  as  the  number  of  miles  of  such  railroad  in  the  city  is 
to  the  entire  number  of  miles  of  the  railroad. 

Article  984.  All  property  of  private  corporations,  except  in  cases 
where  some  other  provision  is  made  by  law,  shall  be  assessed  in  the 
name  of  the  corporation;  and  in  collecting  the  taxes  on  the  same,  all 
personal  property  of  such  corporation  shall  be  liable  to  be  seized  wher- 
ever the  same  may  be  found  in  the  city  and  sold  in  the  same  manner  as 
the  property  of  individuals  may  be  sold  for  taxes. 

Article  985,  All  real' and  personal  property  in  this  city,  subject  to 
taxation  under  the  law.  shall  be  assessed  to  the  owners  thereof  in  the 
manner  provided  by  ordinance;  provided,  that  no  assessment  of  real 


Eevised  Ordinances  of  the  City  of  Austin.  333 

property  shall  be  considered  illegal  by  reason  of  the  same  not  being 
listed  or  assessed  in  the  name  of  the  owner  or  owners  thereof.  All  state- 
ments and  lists  made  under  this  chapter  by  corporations  that  are  re- 
quired to  be  sworn  to  shall  be  verified  by  the  affidavit  and  signature 
of  the  secretary  of  said  corporation,  and  if  they  have  no  secretary,  the 
officer  who  discharges  the  duties  of  secretary  of  said  corporation. 

Article  986.  Property  held  under  a  lease  for  a  term  of  years,  or  a 
contract  for  a  purchase  thereof,  belonging  to  this  State,  or  any  religious, 
scientific  or  benevolent  society  or  institution,  whether  incorporated  or 
unincorporated,  or  to  any  railroad  company  or  other  corporation  whose 
property  is  not  taxed  in  the  same  manner  as  other  property,  and  school 
or  other  State  lands,  shall  be  considered  for  all  purposes  of  taxation 
as  the  property  of  the  persons  so  holding  the  same. 

Article  987.  1.  Each  separate  parcel  of  real  property  shall  be 
valued  at  its  true  and  full  value  in  money. 

2.  In  determining  the  true  and  full  value  of  real  and  personal  prop- 
erty, the  Assessor  shall  not  adopt  a  lower  or  different  standard  of  value 
because  the  same  is  to  serve  as  a  basis  of  taxation;  nor  shall  he  adopt 
as  a  criterion  of  value  the  price  for  which  said  property  would  sell  at 
auction  or  at  a  forced  sale,  or  in  the  aggregate  with  all  the  property  in 
the  city;  but  he  shall  value  each  tract  by  itself,  and  the  improvements 
thereon,  and  at  such  sum  or  price  as  he  believes  the  same  to  be  fairly 
worth  in  money  at  the  time  such  assessment  was  made. 

3.  In  valuing  any  real  property  on  which  there  is  a  coal  or  other  mine, 
or  stone  or  other  .quarry,  or  springs  possessing  medicinal  properties,  the 
same  shall  be  valued  at  such  a  price  as  such  property,  including  a  mine,  or 
quarry,  or  spring,  would  sell  at  a  fair,  voluntary  sale  for  cash. 

4.  Taxable  leasehold  estates  shall  be  valued  at  such  a  price  as  they 
would  bring  as  fair,  voluntary  sale  for  cash. 

5.  Personal  property  of  every  description  shall  be  valued  at  its  true 
and  full  value  thereof  in  money. 

6.  Money,  whether  in  possession  or  on  deposit,  or  in  the  hands  of 
any  member  of  the  family,  or  any  other  person  or  persons  whatsoever, 
shall  be  entered  in  the  statement  at  the  full  amount  thereof. 

7.  Every  credit  for  a  sum  certain,  payable  either  in  money  or  prop- 
erty of  any  kind,  shall  be  valued  at  the  full  value  of  the  same  so  pay- 
able. If  for  a  specific  article,  or  for  a  specific  number  or  quantity  of 
property  of  any  kind,  which  shall  be  valued  at  the  current  price  of  such 
property. 

Article  988.  Annuities,  or  moneys  payable  at  stated  periods,  shall 
be  valued  at  the  price  that  the  person  listing  the  same  believes  them  to 
be  worth  in  money. 

Article  989.     The  City  Assessor  shall  list  all  property  which  for 


234  Revised  Ordinances  of  the  City  of  Austin. 

any  cause  has  not  been  rendered  to  him  for  taxation  in  such  form  as 
may  be  prescribed  by  ordinance  and  place  such  valuation  thereon  as  he 
may  deem  just.  If  the  owners  of  such  property  are  unknown  to  the 
Assessor  he  shall  so  state,  and  such  assessment  shall  be  sufficient  war- 
rant for  the  collection  of  taxes  due  upon  said  property  by  seizure  and 
sale  or  suit,  as  herein  provided  for  the  collection  of  taxes  on  other  prop- 
erty. 

Article  990.  If  the  City  Assessor  and  Collector  shall  discover  any 
property,  real  or  person,  which  was  subject  to  taxation  for  any  year  here- 
tofore, and  which  from;  any  cause  has  escaped  taxation,  he  shall  re- 
quire the  same  to  be  listed  and  assessed  according  to  the  rate  of  taxation 
levied  for  the  year  or  years  it  was  omitted,  and  enter  the  same  as  a  sup- 
plement to  his  next  roll,  stating  the  year,  and  the  taxes  thereon  shall 
be  collected  in  the  same  manner  as  other  assessments;  provided,  that 
such  supplement  rolls  may  be  made  at  any  time  and  reported  to  the  City 
Council  for  its  approval,  and  any  number  of  such  rolls  may  be  made 
that  may  be  necessary. 

Article  991.  The  Citj^  Assessor  and  Collector  •  shall  make  out  the 
assessment  roll  so  as  to  show  the  names  of  the  parties  against  whom 
property  is  assessed,  where  the  name  is  given  (and  if  unknown  it  shall 
be  so  stated)  such  description  of  the  property  as  will  identify  it,  sep- 
arating personal  from  real  property,  the  value  of  personal  property,  the 
value  of  each '  separate  lot  or  tract  of  real  property,  the  total  value  of 
personal  property,  the  total  value  of  real  property,  the  amount  of  the 
several  special  and  general  taxes. 

Article  992.  Should  any  property,  real  or  personal,  not  assessed  bj 
June  1,  come  to  the  knowledge  of  the  Assessor,  he  shall  assess  the  same 
upon  a  supplemental  roll. 

Article  993.  The  Assessor  shall  transfer  from  the  assessment  books, 
one  for  each  ward,  a  full  and  complete  list  of  all  real  estate  and  im- 
provements thereon,  situated  in  each  ward,  showing  to  whom  the  block, 
lots  and  improvements  belong,  and  the  assessed  value  thereof. 

Article  994.  The  Assessor  anrl  Collector  shall  prepare  one  or  more 
indexed  books  in  which  to  list  all  taxable  property,  when  rendered, 
giving  the  name  of  the  owner  and  describing  the  blocks,  lots,  and  the 
value  thereof,  the  improvements  and  the  value  thereof,  and  charge 
all  personal  property  to  the  owner,  with  his  real  estate,  if  he  has  any, 
and  when  rendered  by  the  owner  or  agent,  said  owner  or  agent  shall 
subscribe  and  swear  to  the  correctness  of  the  same;  and  if  any  person 
shall  fail  to  render  his,  her  or  their  property,  the  Assessor  shall,  after 
the  first  day  of  March,  proceed  to  examine  such  property  not  rendered, 
and  assess  the  same  at  its  true  and  full  value. 

Article  995.     Anv  person  or  persons  who  may  be  dissatisfied  by  said 


Kevised  Ordinances  of  the  City  of  Austin.  235 

assessment,  or  any  other  assessment  made  by  the  Assessor,  shall  have 
the  right  to  appeal  to  the  Board  of  Appraisers  and  Equalization  when 
in  session,  and  have  his  or  her  assessment  examined  and  corrected. 

CHAPTEE  IV. 

BOARD   OF   EQUALIZATION. 
I.      ORGANIZATION  AND  ITS  POWERS  AND  DUTIES. 

Article  996.  There  shall  be  a  Board  of  Equalization,  composed  of 
three  resident  freeholders  of  the  City  of  Austin,  who  shall  be  appointed 
by  the  Mayor  and  confirmied  by  the  City  Council  after  each  election  in 
said  city,  each  of  whom  shall  take  the  oath  of  office  prescribed  by  the 
Constitution  of  the  State  of  Texas,  who  shall  hold  their  office  for  the 
term  of  two  years  from  their  appointment  and  qualification. 

Article  997.  They  shall,  as  soon  after  their  election  and  qualifi- 
cation as  may  be,  organize  by  electing  one  of  their  number  president 
and  another  secretary. 

Article  998.  Said  Board  of  Equalization  shall  enter  upon  the  dis- 
charge of  their  duties  after  their  organization  and  remain  in  session 
from  day  to  day  (Sundays  and  holidays  excepted)  for  not  exceeding 
ninety  days.  Each  member  shall  receive  as  compensation  for  his  services 
the  sum  of  five  dollars  per  day  for.  each  day  that  he  may  be  actually  and 
necessarily  engaged  in  the  discharge  of  their  duties  as  a  Board;  pro- 
vided, that  no  member  shall  be  paid  for  any  day  upon  which  he  may 
fail  to  attend ;  and  provided,  that  the  president  and  secretary  shall,  in 
rendering  their  account  for  per  diem  of  the  Board,  certify  to  the  actual 
number  of  days  each  member  has  attended,  and  each  day's  attendance 
shall  consist  of  not  less  than  eight  hour's  actual  session;  and  provided, 
further  that  the  said  Board  may  adjourn  their  sessions  from  one  day  to 
another  for  the  purpose  of  giving  notice  to  persons  to  appear  before 
them^  as  above  provided. 

Article  999.  Said  Board  shall  have  power  and  it  shall  be  the  duty 
of  said  Board  to  equalize  the  taxable  values  of  property,  real  and  per- 
sonal, within  the  City  of  Austin,  and  in  the  exercise  of  this  power  it 
may  raise  or  lower  the  valuation  at  which  property  may  be  assessed  or 
rendered  to  the  Assessor  or  assessed  by  him,  with  or  without  being  ren- 
dered for  taxes. 

Article  1000.  Said  Board  of  Equalization,  in  performing  the  duties 
above  directed,  shall  take  the  lot  register  of  the  Assessor  and  Collector 
and  go  over  and  equalize  the  property  of  the  City  of  Austin,  piece  by 
piece,  according  to  the  lot  register  roll,  and  when  the  assessment  of  said 
property  is  either  raised  or  lowered,  the  said  Board  of  Equalization  shall 


236  Revised  Ordinances  of  the  City  of  Austin. 

make  a  note  on  said  rolls,  using  therefor  colored  ink  or  pencil  showing 
the  property  added,  and  the  increase  or  decrease  in  the  valuation  of 
each  lot  or  parcel  of  ground,  or  other  property  change,  and  said  notes 
so  made  by  the  Board  of  Equalization  shall  remain  on  said  roll  and  in 
the  possession  of  the  Assessor  and  Collector. 

Article  1001.  The  Board  of  Equalization  of  the  City  of  Austin  shall 
have  full  power  to  enforce  the  attendance  of  all  witnesses  necessary  to 
the  prosecution  of  any  inquiry  properly  before  it,  and  to  punish  them 
for  failure  or  refusal  to  answer  any  question  pertinent  to  the  inquiry. 

Article  1003.  In  order  to  make  the  above,  provision  effective,  the 
president  of  the  Board  is  hereby  empowered  to  issue  subpoenas  for  all 
witnesses  whose  attendance  is  desired;  and  it  is  hereby  made  the  duty 
of  the  City  Marshal  to  serve  said  subpoenas,  when  requested  so  to  do 
by  the  president  of  said  Board;  and  the  rules  of  practice  for  justices' 
courts,  as  contained  in  the  Revised  Statutes  of  the  State,  shall  govern 
as  to  the  forms  and  service  of  said  subpoenas,  in  so  far  as  same  are  appli- 
cable. 

Article  1003.  If  any  person  whose  testimony  is  desired  by  said 
Board  shall  fail  or  refuse,  without  legal  excuse,  to  attend  on  its  sessions 
or  to  answer  any  question  pertinent  to  the  inquiry  before  said  Board, 
when  requested  to  do  so,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof  before  the  Mayor's  Court,  shall  be  fined  not 
less  than  five  nor  more  than  one  hundred  dollars. 

Article  1004.  It  shall  further  be  the  duty  of  said  Board,  if  it 
shall  have  reason  to  believe  from  information  gained  by  its  members 
from  the  Assessor  of  Taxes,  or  from  other  sources,  that  any  person  re- 
siding within  the  city  has  failed  or  refused  to  render  for  taxation  any 
personal  property  owned  by  him  and  subject  to  taxation  under  the  laws 
of  the  State,  or  has  refused  to  give  information  concerning  such  prop- 
erty, so  that  the  same  may  be  assessed  by  the  Assessor  of  Taxes,  to  have 
such  person  brought  before  it  and  interrogated  under  oath  as  to  such 
property. 

Article  1005.  And  if  said  Board  shall  discover  any  property  not 
rendered  for  taxation  to  the  City  Assessor  of  Taxes  it  shall  have  the 
power,  and  it  shall  be  its  duty,  to  direct  the  Assessor  of  Taxes  to  list 
the  same  for  taxation  in  like  manner  and  with  like  effect  as  if  it  had 
been  originally  rendered  for  taxation  by  the  owner  thereof. 

Article  1006.  After  said  Board  shall  have  passed  upon  and  equalized 
the  values  of  the  property  assessed  by  the  Assessor  originally  and  upon 
suggestion  of  the  Board,  the  Board  of  Equalization  shall  give  notice 
that  it  has  made  changes  in  the  valuation  at  which  property  had  been 
assessed  for  taxes,  and  cause  additional  property  to  be  assessed  and 
valued  for  taxation  by  publication  in  a  daily  newspaper  published  in  the 


Eevised  Ordinances  of  the  City  of  Austin.  237 

City  of  Austin  for  three  successive  days.  Said  notice  shall  be  sufficient 
if  it  state  that  the  Board  has  held  a  session  and  made  changes  in  the 
assessments  and  valuations  of  property  affecting  certain  persons  whose 
names  shall  be  given,  without  describing  the  property  affected,  or  stat- 
ing the  nature  of  the  changes  made,  but  referring  the  person  whose 
name  shall  be  given  to  the  office  of  the  Assessor  and  Collector  of  Taxes 
for  details  as  to  changes,  a  record  of  which  shall  be  left  by  said  Board 
on  deposit  with  said  Assessor,  subject  to  inspection  by  the  public.  The 
notice  shall  also  state  that  a  further  session  of  the  Board  will  be  held 
at  a  place  and  to  begin  at  a  time  named  in  the  notice,  and  continue  for 
a  certain  number  of  days,  or  longer,  when  complaints  as  to  renditions 
and  valuations  will  be  heard,  and  that  such  corrections  will  be  made 
as  may  be  in  the  opinion  of  the  Board  just  and  proper;  such  session 
shall  commence  not  earlier  than  one  week  after  such  notice  shall  have 
been  published;  such  other  notices  may  be  given  as  the  Board  or  City 
Council  may  prescribe,  but  the  failure  to  give  such  other  notice  shall 
in  no  manner  affect  the  validity  of  the  assessment  or  equalization  thereof. 

II.     certified  lists  of  changes. 

Article  1007.  When  they  shall  have  completed  their  labors  they 
shall  make  and  certify  duplicate  lists  of  all  assessments  changed  by 
them,  one  of  which  shall  be  filed  with  the  City  Clerk  and  the  other 
with  the  City  Assessor  and  Collector,  and  the  City  Assessor  and  Col- 
lector shall  proceed  at  once  to  make  up  the  assessment  roll  from  the 
records  for  approval  by  the  City  Council,  and  the  Council  shall,  when 
appeals  have  been  corrected  or  adjusted,  order  the  City  Assessor  and 
Collector  to  make  the  necessary  changes  so  as  to  conform  to  the  actions 
of  the  City  Council. 

Article  1008.  Any  person  aggrieved  at  the  valuation  fixed  by  the 
Board  of  Equalization  may  appeal  therefrom 'in  the  time  and  in  the 
manner  provided  by  the  city  charter,  but  the  Assessor  and  Collector 
shall  proceed  to  make  up  the  tax  rolls  according  to  the  valuations  fixed 
by  the  Board.  If,  on  appeal,  the  valuation  should  be  changed  by  the 
County  Court  and  evidenced  by  a  certified  copy  of  its  judgment  filed 
with  the  City  Assessor  and  Collector,  he  shall  change  the  valuation  ac- 
cordingly. 

III.     appeal  from  action  of. 

Article  1009.  All  the  determinations  of  such  Board  shall  be  final, 
unless  an  appeal  is  taken  therefrom  to  the  County  Court  of  Travis 
County,  which  may  be  done  by  any  person,  or  the  agent  or  attorney  of 
any  person,  aggrieved  at  the  action  of  the  Board,  by  giving  notice  in 
writing  to  said  Board  of  such  appeal  and  the  grounds  thereof,  within 


238  Eevised  Ordinances  of  the  City  of  Austin. 

five  days  after  such  Board  shall  have  concluded  its  labors  and  returned 
the  tax  list  to  the  office  of  the  Assessor  and  Collector  of  Taxes,  and  by 
giving  a  bond  payable  to  the  City  Assessor  and  Collector  for  the  sum 
of  fifty  dollars,  conditioned  that  said  appellant  will  pay  all  the  costs 
of  such  appeal  if  the  action  of  the  Board  of  Appraisers  should  be  sus- 
tained by  the  County  Court,  or  if  the  valuation  of  the  property  of  such 
appellant  shall  be  raised  above  the  amount  at  which  it  is  assessed  by 
said  Board  of  Appraisers.  A  copy  of  such  bond  and  such  notice  of 
appeal  and  a  description  made  by  the  Assessor  and  Collector  of  the 
property  of  the  appellant  involved  therein,  shall  be  filed  in  said  County 
Court,  and  said  case  shall  be  docketed  on  the  civil  docket  of  said  court 
in  the  name  of  the  appellant,  as  plaintiff,  against  the  Board  of  Ap- 
praisers of  the  City  of  Austin,  and  all  such  appeals  shall  be  prosecuted 
to  the  first  term  of  the  County  Court  after  the  notice  of  appeal  is  given, 
and  shall  have  precedence  for  trial  of  all  civil  cases  in  said  court,  and 
the  decision  of  said  court  in  such  matter  shall  be  final.  The  list  of 
property  and  the  values  thereof  as  settled  by  the  Board  of  Appraisers,  or 
a  copy  thereof,  or  so  much  thereof  as  may  be  pertinent  to  the  question 
at  issue  may  be  produced  in  court  to  be  used  in  such  trial. 

CHAPTER  V. 
payment  of. 

Article  1010.  The  City  Council  shall  have  the  power,  by  ordinance, 
to  determine  when  taxes  shall  be  paid. 

Article  1011.  All  taxes  due  the  City  of  Austin  shall  be  payable  at 
the  office  of  the  City  Assessor  and  Collector,  and  may  be  paid  at  any 
time  after  the  tax  rolls  for  the  year  have  been  completed  and  approved, 
and  no  demand  shall  be  required  to  be  made  upon  any  taxpayer  whose 
duty  it  shall  be  to  attend  at  the  Collector's  office  and  pay  the  same  as 
aforesaid.  All  taxes  levied  shall  be  paid  by  the  first  day  of  April  of 
the  year  succeeding  the  levy,  and  when  not  so  paid  by  April  first  shall 
thereafter  bear  interest  at  the  rate  of  six  per  cent  per  annum,  and  in 
addition  the  City  Council  may  provide,  by  ordinance,  that  there  shall 
be  collected  an  additional  five  per  cent  upon  the  amount  of  such  taxes 
as  a  penalty  against  the  person,  firm  or  corporation  failing,  neglecting 
or  refusing  to  pay  such  taxes  by  the  time  when  the  same  begin  to  bear 
interest  as  aforesaid,  which  penalty  shall  be  collected  by  seizure  and 
sale  of  property  of  the  delinquent  or  by  suit  the  same  as  herein  provided 
for  the  collection  of  taxes. 

Article  1012.  The  taxes  assessed  upon  supplemental  rolls  shall  be 
due  at  once  upon  the  approval  of  such  rolls  by  the  City  Council,  and  if 
not  paid  within  sixty  days  thereafter,  shall  bear  interest  at  the  rate  of 


Kevised  Oedinanges  of  the  City  oe  Austin.  239 

six  per  cent  per  annum^  and  may  be  collected  by  seizure  and  sale  or  suit, 
as  provided  for  the  collection  of  other  taxes. 

Article  1013.  Eegistered  warrants  of  the  City  of  Austin  are  hereby 
made  receivable  in  payment  of  all  ad  valorem  taxes  levied  for  general 
purposes,  when  issued  for  services  rendered  or  supplies  furnished  by  the 
person  from  whom  such  taxes  are  due. 

Article  lOl-l.  If  it  comes  to  the  knowledge  of  the  City  Assessor  and 
Collector  at  any  time  after  the  levy  of  taxes  for  the  year  that  any  per- 
sonal property  subject  to  taxation  in  the  city  is  about  to  be  removed 
from  the  city  and  the  owner  of  such  property  has  not  other  tangible 
property  in  the  city  sufficient  to  satisfy  all  assessments  against  him, 
the  Assessor  and  Collector  shall,  if  said  property  has  not  been  assessed, 
proceed  at  once  to  assess  the  same,  and  he  shall  thereupon  levy  upon  a 
sufficiency  of  such  property  to  satisfy  such  taxes  and  all  costs,  and  sell 
the  same  as  provided  by  law  for  such  sales;  and  the  ordinance  levy- 
ing taxes  for  the  year  dnd  the  assessment  made  upon  such  property  shall 
be  sufficient  warrant  for  so  doing  and  to  vest  title  in  the  purchaser. 

Article  1015.  The  x^ssessor  and  Collector  shall  collect  all  taxes  and 
licenses,  and  he  shall  be  the  only  officer  to  give  a  lawful  receipt  for  the 
same,  except  fines  and  costs  of  the  Eecorder's  Court,  which  shall  be 
collected  by  the  City  Marshal  and  turned  over  to  the  Assessor,  and  upon 
which  the  Assessor  shall  receive  no  commissions. 

Article  1016.  The  Collector  of  Taxes,  or  his  deputy,  whenever  any 
tax  is  paid,  shall  give  to  the  person  paying  the  same  a  receipt  therefor, 
specifying  the  amount,  and  the  year  or  years  for  which  such  tax  was 
levied;  said  receipt  shall  have  a  duplicate  stub,  showing  the  name  of 
the  person,  the  amount  of  tax  and  the  date  of  payment.  The  Collector 
shall  provide  himself  with  a  stamp,  on  which  shall  be  inscribed  "Col- 
lector of  Taxes,  City  of  Austin,"  with  a  changeable  date,  and  shall 
impress  said  stamp  upon  each  receipt  given  by  him  for  taxes  collected; 
and  said  receipt  having  the  impress  of  said  stamp  shall  be  lawful  evi- 
dence that  such  tax  has  been  paid. 

Article  1017.  The  Assessor  and  Collector  shall,  promptly  as  col- 
lected, pay  over  to  the  City  Treasurer  all  sums  of  money  coming  into 
his  hands  from  taxes,  licenses  or  other  sources,  except  as  otherwise  pro- 
vided, taking  his  receipt  therefor  in  duplicate,  one  of  which  he  shall 
retain  and  the  other  he  shall  return  to  the  City  Council. 

Article  1018.  The  Assessor  and  Collector  shall  make  a  detailed  re- 
port to  the  City  Council  monthly,  or  as  often  as  required,  of  all  col- 
lections made  by  him;  he  shall  also  make  a  full  annual  report  to  the 
City  Council  of  all  money  collected  by  him  for  the  year  ending  the 
last  day  of  October,  to  be  delivered  to  the  City  Clerk  on  or  before  the 
first  regular  meeting  of  the  City  Council  in  the  month  of  November  in 


240  Revised  Ordinances  of  the  City  of  Austin. 

each  and  every  year,  and  said  report  shall  be  accompanied  with  vouchers 
from  the  City  Treasurer  for  all  sums  of  money  paid  over  to  him  by  the 
Assessor  and  Collector. 

CHAPTER  VI. 

DELINQUENT  TAXES. 
I.      GENERALLY. 

Article  1019.  Xo  money  shall  be  paid  by  the  city  upon  any  account 
whatever  to  any  person  or  corporation  who  is  in  arrears  to  the  city  for 
taxes  due. 

Article  1020.  Xo  taxes  due  the  City  of  Austin  shall  ever  be  held 
to  be  barred  by  any  statute  of  limitation,  and  no  irregularity  in  the 
time  or  manner  of  making  the  annual  levy  of  taxes  or  in  making  any 
inventory,  list  or  appraisement,  or  in  making  or  returning  the  city 
assessment  rolls  or  the  approval  thereof,  shall  ever  be  held  to  invalidate 
any  assessment,  and  all  taxes  lieretofore  levied  by  the  City  Council  of 
said  city,  and  which  are  unpaid,  are  hereby  continued  in  force,  and  may 
be  collected  by  seizure  and  sale  of  the  property  of  the  person  owning  the 
same  or  by  suit  as  herein  provided. 

11.       penalties  AND  TAX  SALES. 

Article  1021.  The  Assessor  and  Collector  shall  hereafter  charge 
and  collect  the  following  penalties  where  real  estate  is  levied  on  and 
sold-  or  advertised  for  sale  for  taxes  due  the  City  of  Austin  for  any 
one  year  as  follows :  For  each  levy,  one  dollar  and  fifty  cents ;  for  ad- 
vertising the  property  of  each  delinquent  taxpa3^er,  one  dollar;  for 
executing  deed  to  purchaser  at  tax  sale,  fifty  cents. 

Article  1022.  All  taxes  levied  and  uncollected  shall  be  paid  by  the 
first  day  of  April  of  the  year  succeeding  the  levy,  and  if  not  so  paid 
by  the  first  day  of  April  of  the  year  succeeding  the  levy,  shall  thereafter 
bear  interest  at  the  rate  of  six  per  cent  per  annum,  and  there  shall  be 
collected  an  additional  sum  of  five  per  cent  upon  the  amount  of  such 
taxes  as  a  penalty  against  the  person,  firm  or  corporation  failing  oi 
refusing  to  pay  such  taxes  within  two  months  after  same  begin  to  bear 
interest,  which  penalty  shall  be  collected  by  seizure  and  sale  of  prop- 
erty of  the  delinquent  or  by  suit  the  same  as  provided  by  law  for  the 
collection  of  city  taxes. 

Article  1023.  In  all  suits  brought  to  collect  taxes  due  the  City  of 
Austin  the  penalties  prescribed  above  shall  be  charged  and  included 
in  the  amount  sued  for,  so  far  as»the  same  have  been  incurred. 

Article  1024.  All  penalties,  costs  of  suit  and  interest  on  taxes 
shall  be  paid  into  the  general  fund  of  the  city. 

Article  1025.     The  City  Council  shall  have  full  power  and  authority 


Kevised  Ordinances  of  the  City  of  Austin.-  241 

to  provide,  by  ordinance,  for  the  seizure  and  sale  by  the  City  Assessor 
and  Collector  of  a  sufficient  amount  of  personal  property  of  any  delin- 
queiit  taxpayer  to  pay  all  taxes  due  by  such  delinquent  to  the  city, 
together  with  all  interest,  penalties  and  costs,  which  seizure  and  sale 
shall  be  made  without  the  necessity  of  any  writ,  and  by  virtue  of  the  tax 
rolls  of  said  city,  which  shall  be  sufficient  warrant  for  said  purpose,  and 
such  sale  shall  be  conducted  and  notice  given  in  the  same  manner  as  now 
provided  by  law  for  sale  of  personal  property  by  county  tax  coUectorsj 
and  at  such  sale  the  purchaser  shall  acquire  absolute  title  to  the  property 
sold.  I 

Article  1026.  The  City  Council  shall  have  full  power  and  authority 
to  pass  all  ordinances  necessary  to  regulate  advertisements  and  sales  by  the 
Assessor  and  Collector  of  property  upon  which  taxes  may  be  unpaid,  and  to 
provide  for  the  perpetuation  of  all  proceedings  with  reference  to  such  ad- 
vertisement and  sales  and  for  execution  of  title  to  purchasers  of  property 
at  tax  sales,  and  to  pass  all  ordinances  necessary  to  enforce  the  collec- 
tion of  taxes;  provided,  that  such  ordinances  shall  allow  any  person 
whose  real  property  has  been  sold  for  taxes  at  least  two  years  from  the 
date  of  the  Collector's  deed  to  redeem  the  same  by  paying  double  the 
amount  paid  for  same;  provided,  further,  that  any  such  proceeding  so 
perpetuated  shall  be  received  in  evidence  in  any  court  when  the  title 
conferred  by  the  collector  shall  be  called  in  question. 

Article  1027.  If  any  person,  firm,  company  or  corporation  shall 
fail  or  refuse  to  pay  the  taxes  imposed  upon  him  or  them,  or  his,  her 
or  their  property,  by  law,  until  the  first  day  of  April  next  succeeding 
the  delivery  of  the  assessment  roll  and  receipts  of  the  Collector,  the 
Collector  shall,  by  virtue  of  his  tax  roll,  seize  and  levy  upon  and  sell  so 
much  property  belonging  to  such  person,  firm,  company  or  corporation, 
whether  residents  or  non-residents,  as  may  be  sufficient  to  pay  his,  her 
or  their  taxes,  together  with  all  costs  accruing  thereon;  provided,  how- 
ever, that  if  such  person,  firm,  company  or  corporation,  his,  her  or  their 
agent,  or  attorney,  shall  point  out  to  the  Collector  sufficient  property 
belonging  to  the  party  assessed  in  said  city  to  pay  said  taxes  before  the 
first  day  of  April  of  each  year,  then  the  Collector  shall  proceed  to  take 
into  his  possession  so  much  thereof  as  will  pay  the  taxes  assessed  and 
due,  together  with  all  costs  accruing  thereon. 

Article  1028.  It  shall  never  be  too  late  for  the  Assessor  and  Col- 
lector of  Taxes  to  exercise  the  power  of  seizing,  levying  upon  and  selling 
real  estate  and  personal  property  for  taxes. 

Article  1029.  The  annual  assessment  of  taxes  made  by  the  City 
of  Austin  upon  landed  property  shall  be  a  special  lien  thereon,  and  all 
property,  both  real  and  personal,  belonging  to  any  delinquent  taxpayer 
shall  be  liable  to  seizure  and  sale  for  the  payment  of  all  taxes  and 


248  Eevised  Ordinances  of  the  Cjty  of  Austin. 

penalties  due  by  such  delinquent;  provided,  that  the  homestead  of  such 
delinquent  shall  only  be  liable  for  the  taxes  due  thereon. 

Article  1030.  All  real  and  personal  property  in  the  City  of  Austin 
upon  the  first  day  of  January  of  each  year,  and  subject  to  taxation  by 
said  city,  shall  stand  charged  with  a  special  lien  in  favor  of  the  city, 
for  all  taxes  levied  against  the  owner  thereof  during  the  year,  superior 
to  all  mortgages  and  other  liens  thereupon,  except  the  liens  for  State 
and  county  taxes,  and  all  persons  purchasing  the  same  after  the  first 
day  of  January  of  an}^  year  shall  take  the  same  subject  to  such  lien, 
and  the  city  may  intervene  in  any  suit  for  the  foreclosure  of  any  other 
lien,  and  assert  its  right,  or  may  institute  an  independent  suit  and  make 
all  mortgages  and  lien  holders  and  subsequent  purchasers  parties  for 
the  purpose  of  enforcing  its  lien,  or  recovering  personal  judgment  for 
the  conversion  of  the  security  here  given  it,  for  the  collection  of  its 
taxes,  and  the  said  city  shall  be  authorized  and  it  is  hereby  made  the 
duty  of  the  City  Assessor  and  Collector  to  file  the  property  statement  of 
its  taxes  in  any  court  of  bankruptcy  administering  the  estate  of  any  bank- 
rupt taxpayer. 

Article  1031.  The  City  of  Austin  shall  be  authorized,  and  it  is 
hereby  given  the  right  to  institute  suit  in  any  court  in  Travis  County 
having  jurisdiction  under  the  Constitution  and  laws  of  the  State,  at  any 
time  after  taxes  become  due  and  are  delinquent  as  herein  provided,  and 
recover  personal  judgment  for  the  amount  of  taxes  remaining  unpaid  by 
any  person,  firm  or  corporation,  together  with  all  interest,  penalties  and 
costs,  and  if  any  part  of  any  such  delinquent  tax  shall  be  due  upon  any 
landed  property,  the  city  shall  have  the  right  in  the  same  or  any  sub- 
sequent suit  to  have  its  lien  thereon  foreclosed,  and  such  property  sold 
as  provided  by  law  in  the  foreclosure  and  sale  of  property  under  mort- 
gage or  other  lien;  provided,  that  in  all  cases  where  lands  are  sold  the 
owner  shall  have  the  right  within  two  years  of  the  day  of  sale  to  redeem 
his  land  from  the  purchaser  under  such  judgment  upon  the  payment  of 
double  the  amount  of  mone}'  paid  for  the  land  and  all  subsequent  taxes 
paid  thereon  by  such  purchaser;  and  failing  so  to  do,  the  title  of  the 
purchaser  shall  become  absolute  without  further  act  or  proceeding.  The 
privilege  of  redemption  shall  constitute  part  of  the  judgment  and  deed 
made  to  the  purchaser,  and  in  such  cases  need  not  be  inserted  therein. 

Article  1032.  In  all  suits  for  the  foreclosure  of  a  lien  upon  lands 
or  lots  by  the  city,  if  the  defendants  or  any  of  them  be  alleged  to  reside 
in  any  other  county  of  the  State  of  Texas,  it  shall  not  be  necessary  to 
serve  such  person  with  a  copv  of  the  petition,  and  service  of  citation  shall 
be  made  by  delivering  a  copy  thereof  in  the  manner  provided  bv  law 
for  service  of  citation  upon  persons  residing  in  the  county  where  suit  is 
brought,  and  if  the  defendants  or  any  of  them  are  alleged  to  be  non- 


Eevised  Ordinances  of  the  City  of  Austin.  243 

residents  of  the  State,  or  if  it  be  alleged  that  the  residence  of  such  de- 
fendant is  unknown,  or  the  owner  or  owners  of  said  land,  or  lots,  are 
unknown,  and  the  City  Assessor  and  Collector  shall  make  oath  to  that 
effect  at  the  time  of  filing  the  petition,  or  at  the  time  subsequent  thereto, 
the  clerk  of  the  court  shall  thereupon  issue  notice  in  substantially  the 
following  form : 

"The  State  of  Texas. 

"To  the  owner  or  owners  and  all  persons  claiming  any  interest  in  the 
lands  hereinafter  described:  You  are  hereby  notified  that  the   City  of 

Austin  filed  suit  in  a  district  court  in  Travis  County  ( 

District)  on  the day  of ,  A.  D ,  No .... 

claiming  that  taxes,  interest  and  penalties  are  due  it  by  you  upon  the 
following  described  land  situated  iu  the  city  as  follows,  viz.:  (Here  set 
out  description  of  the  land  as  contained  in  the  petition  and  state  the 
aggregate  amount  claimed  against  each  tract  for  each  year.) 

"You  are  therefore  commanded  to  appear  and  answer  in  said  court 
at  the  next  regular  term  to  be  held  at  the  courthouse  of  said  county  in 

the   City  of  Austin,  beginning  on  the day  of , 

A.  D ,  and  show  cause  why  judgment  shall  not  be  rendered  con- 
demning said  land  and  ordering  foreclosure  of  sale  thereof  for  said  taxes, 
interest,  penalties  and  costs  of  suit." 

Which  said  notice  shall  be  dated  and  signed  by  the  clerk  with  the  seal 
of  the  court  as  other  writs,  and  shall  be  delivered  to  the  sheriff  and 
executed  by  causing  the  same  to  be  published  in  some  newspaper  pub- 
lished in  the  City  of  Austin  once  a  week  for  four  successive  weeks  prior 
to  the  return  day  thereof.  Publication  of  said  notice  shall  be  shown  by 
the  return  of  the  sheriff'  or  his  deputy  endorsed  or  attached  thereto, 
which  shall  show  when  the  same  was  executed  and  the  manner  thereof, 
specifying  the  dates  of  such  publication,  and  shall  be  accompanied  by  a 
printed  copy  of  such  publication  and  shall  be  sigTied  by  him  officially. 

Article  1033.  In  case  of  service  of  notice  by  publication,  as  pro- 
vided in  the  preceding  section,  the  case  shall  stand  for  trial  at  the  second 
term  of  the  court.  The  suit  shall  be  held  in  all  respects  to  be  proceeding 
in  rem.  and  the  court  shall  hear  proof  and  render  judgment  in  favor  of 
the  City  of  Austin,  against  each  parcel  of  land  for  the  amount  of  tax, 
interest,  penalty  and  costs,  legally  chargeable  against  the  same,  and  shall 
foreclose  the  lien  of  the  city  thereon  and  condemn  the  land  to  be  sold 
as  under  execution  for  the  purpose  of  satisfying  such  judgment;  pro- 
vided, that  for  the  purpose  of  foreclosing  the  lien  of  the  city  on  all  Ir.nds 
and  lots,  where  the  owner  or  owners  thereof  are  alleged  to  be  unknown, 
it  shall  be  necessary  to  institute  a  separate  suit  against  each  piece  of 
property,  and  all  such  property  may  be  embraced  in  one  suit,  and  judg- 


244  Revised  Ordinances  of  the  City  of  Austin. 

ment  entered  against  each  parcel  and  condemning  the  same  to  be  sold  as 
aforesaid;  and  provided  further,  that  in  all  cases  where  lands  are  sold 
under  judgment  based  upon  service  by  publication,  the  owner  shall  have 
the  right  within  two  years  from  the  day  of  sale  to  redeem  his  land  from 
the  purchaser  under  such  judgment  upon  the  payment  of  double  the 
amount  of  money  paid  for  the  land  and  all  such  subsequent  taxes  paid 
thereon  by  said  purchaser,  and  failing  to  do  so,  the  title  of  the  pur- 
chaser shall  become  absolute  without  further  act  or  proceeding.  The 
privilege  of  redemption  here  given  shall  constitute  a  part  of  the  judg- 
ment and  deed  made  to  the  purchaser  in  such  case,  and  need  not  be 
inserted  therein. 

Article  1034.  It  shall  be  competent  in  all  cases  to  supplement  the 
description  contained  in  the  assessment  rolls  with  full  proof  of  the  iden- 
tity of  the  lot,  tract  or  parcel  of  land  therein  assessed,  and  in  suits  to 
enforce  collection  of  taxes  by  the  city,  such  additional  matters  may  be 
inserted  in  petition  and  reference  may  be  made  to  any  map,  plat  or  sur- 
vey of  said  city,  or  of  any  addition  or  subdivision  made  thereto,  or  to 
any  deed,  decree,  or  other  instrument  describing  the  same,  which  may 
be  on  file  or  of  record  in  the  General  Land  Office  of  Texas,  or  in  the 
office  of  the  district  .or  county  court  of  Travis  County,  and  such  refer- 
ence shall  constitute  part  of  such  petition  and  all  proceedings  had  in 
said  suit. 

Article  1035.  When  any  property,  real  or  personal,  is  sold  to  en- 
force the  collection  of  taxes,  the  City  of  Austin  shall  not  become  the 
purchaser  thereof  unless  no  one  else  is  present  who  will  purchase  the 
same  and  pay  the  full  amount  due  the  city,  including  all  costs  and  pen- 
alties, and  it  is  hereby  made  the  duty  of  the  Mayor  or  the  person  acting 
as  such  to  attend  all  sales,  and  bid  thereat  for  the  city,  and  upon  such 
sale  the  officer  making  the  same  shall  execute  to  the  city  or  other  pur- 
chaser proper  evidence  of  title  and  to  place  the  purchaser  in  possession 
as  provided  by  law. 

Article  1036.  In  all  suits  for  the  collection  of  taxes  which  have 
been  heretofore  or  which  may  be  hereafter  levied  upon  the  tax  rolls  of 
said  city,  or  a  certified  statement  made  therefrom  by  the  Assessor  and 
Collector,  shall  be  prima  facie  evidence  of  the  truth  of  all  recitations 
and  facts  shown  by  said  rolls,  and  shall  be  held  to  be  sufficient  proof 
(subject  to  rebuttal  only  by  pleading  and  proof  by  defendant)  of  the  fol- 
lowing facts,  viz, : 

1.  That  the  person,  firm  or  corporation  therein  shown  to  be  a  tax- 
payer was  such,  and  owned  the  property  therein  listed,  and  that  such 
property  was  subject  to  taxation  in  said  city,  and  was  rendered  by  such 
person,  firm  or  corporation,  or  by  his  or  its  agent,  at  the  value  placed 
thereon  in  such  rolls. 


Eevised  Ordinances  of  the  City  of  Austin.  245 

2.  That  the  taxes  due  upon  such  property  were  duly  and  legally 
levied  for  the  purposes  shown  in  such  rolls,  and  that  the  same  are  valid 
and  unpaid. 

3.  That  all  acts  and  proceedings  required  by  law  or  by  ordinance  of 
said  city  in  the  manner  of  rendering,  appraising  and  fixing  of  values 
upon  such  property  and  the  giving  of  all  notices  of  such  taxpayer  have 
each  and  all  been  performed  and  complied  with  at  the  ti-me  and  in  the 
manner  and  form  required,  and  that  all  things  which  might  be  construed 
as  conditions  precedent  to  the  lawful  demand  upon  such  taxpayer  to  pay 
the  amount  of  taxes  in  such  rolls  shown  to  be  due  by  him  or  them  have 
been  performed  at  the  time  and  in  the  manner  required  by  law;  pro- 
vided, that  in  the  event  the  defendant  shall  show  that  his  property  was 
voluntarily  rendered  by  him,  and  that  the  valuation  of  the  same  was 
subsequently  changed  by  the  Assessor  or  Board  of  Equalization  without 
notice  to  him  or  his  agent,  or  shall  show  that  the  said  rate  of  taxation 
for  any  purpose  was  to  any  extent  illegal,  judgment  shall  thereupon  be 
rendered  against  him  for  the  proper  amount  due,  based  upon  the  value 
of  his  property  as  rendered  by  him,  and  the  amount  of  tax  which  is  found 
to  be  legal. 

Article  1037.  All  provisions  of  the  charter  validating  the  tax  levies 
and  assessments  of  property  and  making  the  assessment  rolls  prima  facie 
evidence,  and  prescribing  the  rules  of  procedure  for  the  collection  of 
taxes  by  suit  or  otherwise,  shall  be  held  to  apply  only  in  suits  which  may 
be  brought  for  the  collection  of  taxes  levied  since  1897. 

Article  1038.  In  levying  upon  and  making  sales  of  any  property, 
real  or  personal,  for  non-payment  of  taxes,  due  by  any  person,  firm,  com- 
pany or  corporation,  the  Assessor  and  Collector  shall  be  governed  by  and 
shall  conform  to  the  State  laws  regulating  levies  and  sales  for  non- 
payment of  State  and  county  taxes. 

Article  1039.  The  Assessor  and  Collector  shall  sign  all  deeds  and 
bills  of  sale  for  real  or  personal  property  sold  for  taxes,  and  shall  make 
a  record  of  every  such  sale  in  a  book  kept  for  that  purpose,  stating  in 
said  record  the  property  sold,  with  brief  description,  the  name  of  owner, 
if  known,  and  if  not  that  fact,  time  of  sale,  amount  for  which  sale  was 
made,  and  name  of  purchaser. 

Article  1040.  The  Assessor  and  Collector  shall  make  immediate  re- 
port to  the  City  Council  of  all  sales  of  property,  real  or  personal,  made 
by  him  giving  particulars  required  to  be  kept  of  record  by  him  in  pre- 
ceding article. 

Article  1041.  The  owner  of  any  real  estate  sold  for  taxes,  his  heir 
or  legal  representative,  may,  within  two  j^ears  from  the  date  of  sale,  re- 
deem the  estate  sold  by  paying  or  tendering  to  the  purchaser,  or  his  heirs 
or  legal  representative,  double  the  amount  of  money  paid  for  the  land. 


246  Revised  Ordinances  of  the  City  of  Austin. 

together  with  all  subsequent  taxes  that  the  purchaser  has  paid  on  the 
same  from  the  day  of  purchase  to  the  day  of  redemption,  and  the 
Assessor  and  Collector  shall  give  in  the  deed  from  the  purchaser,  to  such 
person  or  persons,  such  description  of  the  lands  as  is  given  in  the  tax 
rolls  in  his  hands,  and  such  other  description  as  may  be  necessary  to  the 
better  identification  of  the  property. 

Article  1042.  If  any  real  estate  or  improvements  thereon  which 
has  been  sold  for  taxes  and  bid  in  by  the  city  have  not  been  redeemed 
within  two  years  from  date  of  sale,  it  shall  be  the  duty  of  the  Assessor 
and  Collector  to  make  out  a  list  of  such  property  showing  the  amount 
of  taxes,  interest  and  costs  due  on  the  same,  and  place  the  said  list  in 
the  hands  of  the  City  Attorney,  whose  duty  it  shall  be  to  institute  suit 
in  the  name  of  the  City  of  Austin  for  the  recovery  of  such  property; 
provided,  that  at  any  time  after  suit  is  brought  and  before  final  judg- 
ment the  owner  of  such  property  may  have  the  same  released  to  him,  her 
or  them  by  the  City  of  Austin  on  payment  of  the  amount  of  taxes,  m- 
terest  and  costs  due  thereon  and  costs  of  suit. 

Article  1043.  Any  person  or  persons  having  the  right  to  redeem 
any  real  estate  sold  for  payment  of  taxes  may  do  so  by  the  payment, 
within  two  years  from  date  of  sale,  to  the  Assessor  and  Collector  of 
double  the  amount  of  money  paid  for  the  land,  together  with  all  sub- 
sequent taxes  that  the  purchaser  has  paid  on  the  same  from  the  day  of 
purchase  to  that  of  redemption ;  provideB,  that  the  person  or  persons  so 
redeeming,  or  his  or  their  agent,  shall  have  first  made  affidavit  before 
some  officer  authorized  by  law  to  administer  oaths,  that  he  has  made  dili- 
gent search  in  the  city,  and  county  of  Travis,  for  the  purchaser  at  tax 
sale,  and  has  failed  to  find  him;  or  that  the  purchaser  at  tax  sale  is  not 
a  resident  of  the  City  of  Austin,  or  of  Travis  County ;  or  that  the  owner 
or  owners  and  such  purchaser  can  not  agree  on  the  amount  of  redemp- 
tion money.  In  such  case  only  shall  redemption  be  made  by  payment 
to  the  Assessor  and  Collector,  and  it  shall  be  the  duty  of  the  Assessor 
and  Collector,  in  case  of  any  such  payment,  to  give  a  receipt  tlierefor, 
signed  by  him  officially,  in  the  presence  of  two  witnesses,  which  said 
receipt  when  duly  recorded,  shall  be  notice  to  all  persons  that  the  prop- 
erty therein  described  has  been  redeemed ;  and  the  Assessor  and  Collector 
shall,  on  demand,  pay  over  to  the  purchaser  at  tax  sale  the  money  so 
received  by  him. 

Article  1044.  The  Collector  shall  make  out,  on  or  before  the  twen- 
tieth day  of  October  of  each  year,  a  list  of  delinquent  or  insolvent  tax- 
payers, the  caption  of  which  shall  be  the  "List  of  Delinquent  or  Insolvent 
Taxpayers,"  giving  therein  the  name  of  the  person,  firm,  company  or 
corporation  from  which  the  taxes  are  due,  together  with  the  amount, 
and  he  shall  be  entitled  to  a  credit  for  the  amounts  due  by  such  persons, 


Eevised  Ordinances  of  the  City  of  Austin.  247 

firms  or  corporations  as  have  no  property  out  of  wliicli  to  malce  such 
taxes,  or  have  moved  out  of  the  city  and  have  not  found  property  therein 
out  of  which  such  taxes  can  be  made;  provided,  he  shall  use  all  neces- 
sary diligence  to  collect  the  amounts  due  on  such  list  after  it  is  allowed, 
and  report  and  pay  over  to  the  proper  ofBcers  all  the  amounts  collected 
on  same. 

CHAPTEK  VII. 

OCCUPATION    TAX. 

Article  1045.  There  shall  be  levied  and  collected  from  every  person, 
firm,  company  or  association  of  persons  pursuing  any  of  the  following 
named  occupations,  an  annual  tax,  except  where  otherwise  provided,  on 
every  such  occupation,  calling  or  separate  establishment,  as  follows: 

Section  1.  For  selling  spirituous,  vinous  and  malt  liquors  or  medi- 
cated bitters  in  quantities  of  one  gallon  or  less  than  one  gallon,  one  hun- 
dred and  eighty-seven  dollars  and  fifty  cents;  for  selling  such  liquors 
and  medicated  bitters  in  quantities  of  one  gallon  and  more  than  one 
gallon,  one  hundred  and  eighty-seven  dollars  and  fifty  cents;  provided, 
that  in  selling  one  gallon  the  same  may  be  made  up  of  different  liquors 
in  unbroken  packages  aggregating  not  less  than  one  gallon;  for  selling 
malt  liquors  exclusively,  thirty-one  dollars  and  twenty-five  cents;  pro- 
vided further,  that  nothing  in  this  section  shall  be  so  construed  as  to 
exempt  druggists  who  sell  spirituous,  vinous  and  malt  liquors  or  medi- 
cated bitters  capable  of  producing  irutoxication  on  the  prescription  of  a 
physician  or  otherwise  from  the  payment  of  the  tax  herein  imposed; 
provided  further,  that  this  section  shall  not  apply  to  the  sale  by  drug- 
gists of  tinctures  and  drug  compounds,  in  the  preparation  of  which  such 
liquors  or  medicated  bitters  are  used  and  sold  on  the  prescription  of  a 
physician  or  otherwise,  and  which  tincture  and  compounds  are  not  in- 
toxicating beverages  prepared  in  evasion  of  the  provisions  of  this  ordi- 
nance; provided  further,  that  the  Assessor  and  Collector  may  issue  a 
license  for  the  unexpired  period  to  persons  holding  State  and  county 
license ;  and  provided  that  said  tax  shall  be  revoked  in  the  same  manner 
and  for  the  same  reason  as  provided  for  by  the  statutes  of  the  State  of 
Texas;  and  any  person  or  persons  following  the  occupation  of  malt  or 
liquor  dealer  without  first  obtaining  the  license  as  provided  for  herein, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  fined  in  any  sum  not  less  than  five  nor  more  than  one  hundred  dollars. 

Sec.  2.  From  every  merchant  who  may  remove  from  place  to  place 
and  offer  for  sale  '"'bankrunt  stock"  of  goods,  or  advertising  "fire  sales" 
or  "water  and  fire  damaged  stock  for  sale,"  for  a  limited  period  of  time, 
there  shall  be  collected  fifty  dollars  ner  month  for  the  first  month,  or 
less  than  a  month  for  each  and  every  place  where  such  business  is  located, 


248  Eevised  Ordinances  of  the  City  of  Austin. 

and  for  each  additional  month  that  such  sales  are  continued  at  any  given 
place,  said  merchant  shall  pay  an  additional  sum  of  ten  dollars. 

Sec.  3.  From  every  traveling  person  selling  patent  or  other  medicine, 
fifty  dollars;  and  no  traveling  person  shall  so  sell  until  said  tax  is  paid; 
provided,  that  this  tax  shall  not  apply  to  commercial  travelers,  drum- 
mers or  salesmen  making  sales  or  soliciting  trade  for  merchants  engaged 
in  the  sale  of  drugs  or  medicine  by  wholesale. 

Sec.  4.     From  every  auctioneer  an  annual  tax  of  five  dollars. 

Sec.  5.  From  every  person,  firm  or  association  of  persons  selling  on 
commission,  five  dollars. 

Sec.  6.  From  every  physician,  surgeon,  oculist  or  medical  or  surgical 
specialist  of  any  kind,  traveling  .from  place  to  place  in  the  practice  of  his 
•profession,  an  annual  tax  of  twenty-five  dollars.  From  every  local  prac- 
ticing physician,  surgeon,  dentist,  veterinary  surgeon,  or  any  medical 
or  surgical  specialist,  an  annual  tax  of  two  dollars  and  fifty  cents. 

Sec.  7.  From  ever}'  person  or  firm  keeping  a  shooting  gallery  at 
which  a  fee  is  paid  or  demanded,  an  annual  tax  of  fifteen  dollars. 

Sec.  8.  From  every  person  or  firm  keeping  a  knife,  cane  or  doll  rack, 
or  any  other  device  upon  which  rings  are  pitched,  or  at  which  balls  are 
thrown,  an  annual  tax  of  twelve  dollars  and  fifty  cents. . 

Sec.  9.  From  every  billiard,  pool  table  or  anything  of  the  kind  used 
/  for  profit,  ten  dollars;  and  any  such  table  used  in  connection  with  any 
drinking  saloon  or  other  place  of  business  where  intoxicating  liquors, 
cigars  or  other  things  of  value  are  sold  or  given  away,  or  upon  which 
any  money  or  other  thing  of  value  is  paid,  shall  be  regarded  as  used 
for  profit. 

Sec.  10.  From  every  person  or  persons  who  shall  sell  pools  on  horse 
races  or  other  contests,  two  dollars  and  fifty  cents  for  each  and  every  day 
they  may  so  sell  said  pools. 

Sec.  11.  From  every  nine  or  ten-pin  alley  or  any  other  alley  used  for 
profit,  by  whatever  name  calle!,  constructed  or  operated  upon  the  prin- 
ciple of  a  bowling  alley,  and  upon  which  balls,  rings  or  other  devices 
are  used  as  substitutes  therefor  are  rolled,  without  regard  to  the  number 
of  pins  used  or  whether  pins  or  used  or  not,  or  whether  the  balls,  rings 
or  other  device  are  used  by  hand  or  with  a  cue  or  any  other  device,  fifty 
dollars.  Any  such  alley  used  in  connection  with  any  drinking  saloon, 
or  drug  store,  or  with  any  drug  store  where  intoxicating  liquors  are  sold, 
or  given  away,  or  upon  which  money  or  anything  of  value  is  paid,  shall 
be  regarded  as  used  for  profit. 

Sec.  12.  From  all  persons  keeping  or  using  for  profit  any  hobby- 
horse, flying-jenny  or  device  of  that  character,  with  or  without  name, 
seven  dollars  and  fifty  cents  per  annum. 

Sec.  13.     From  every  foot  peddkr,  two  dollars  and  fifty  cents;  from 


Revised  Ordinances  of  the  City  of  Austin.  249 

every  peddler  with  one  horse  or  one  pair  of  oxen^  the  sum  of  three  dol- 
lars and  seventy-five  cents;  from  every  peddler  with  two  horses  or  two 
pairs  of  oxen,  five  dollars ;  provided,  that  any  blind,  deaf  and  dumb,  or 
any  wounded  person  who  has  lost  a  hand  or  foot  shall  not  be  required 
to  pay  any  tax  for  peddling;  provided,  that  all  ex-Confederate  and  ex- 
Federal  soldiers  who,  from  old  age  or  other  cause,  may  be  incapacitated 
to  do  and  perform  manual  labor,  and  who  are  actual  residents  of  this 
city,  be  and  are  hereby  exempted  from  the  payment  of  the  tax  herein 
imposed,  provided  such  persons  are  not  em.ployed  in  peddling  for  others ; 
nothing  herein  contained  shall  be  so  construed  as  to  include  traveling 
vendors  of  tin  or  earthenware,  or  traveling  vendors  of  literature  exclu- 
sively religious  in  character,  or  traveling  vendors  of  poultry,  vegetables 
or  other  country  produce,  exclusively,  fruit  and  fruit  trees,  exclusively, 
if  raised  or  produced  by  the  vendor  and  his  family.  A  peddler  within 
the  meaning  of  this  section  is  any  person  or  firm  that  journeys  from 
house  to  house,  or  customer  to  customer,  carrying  goods,  wares,  mer- 
chandise or  commodities  of  any  kind  for  sale. 

Sec.  14.  From  every  theater  or  dramatic  representation  for  which 
pay  for  admission  is  demanded  or  received,  two  dollars  and  fifty  cents 
per  day  for  every  day  they  may  perform;  provided,  that  theatrical  or 
dramatic  representations  given  by  performers  for  instruction  only,  or 
entirely  for  charitable  purposes,  shall  not  be  herein  included;  provided, 
however,  that  this  tax  shall  not  be  collected  where  the  performances  are 
exhibited  in  regular  opera  houses  or  theaters,  but  in  lieu  of  said  tax  the 
managers  of  said  opera  houses  or  theaters  shall  pay  an  annual  occupation 
tax  of  twelve  dollars  and  fifty  cents. 

Sec.  15.  From  every  circus  wherein  equestrian  or  acrobatic  feats  and 
performances  are  exhibited,  for  which  pay  for  admission  is  demanded 
or  received,  for  each  performance  or  exhibition  where  an  admission  fee 
of  one  dollar  is  charged,  one  hundred  and  twenty-five  dollars;  for  each 
performance  or  exhibition  where  an  admission  fee  of  seventy-five  cents 
is  charged,  one  hundred  dollars;  for  each  performance  where  fifty  cents 
or  less  is  charged,  fifty  dollars ;  provided,  that  the  amount  of  fee  charged 
for  reserved  seats  shall  be  considered  as  a  part  of  such  admission  fee; 
provided,  that  where  there  is  a  combination  of  circuses  and  menagerie, 
or  circus  and  other  exhibitions,  the  highest  tax  fixed  by  this  ordinance 
for  any  division  or  department  of  the  combination  shall  be  collected. 

Sec.  16.  From  every  menagerie,  wax-woi-ks  museum,  side  show  or 
exhibition,  whether  connected  with  circus  or  not,  where  a  separate  fee 
for  admission  is  demanded  or  received,  five  dollars  for  every  performance 
for  which  fees  for  admission  are  received. 

Sec.  17.     From  every  exhibition  where  acrobatic  feats  are  performed 


250  Eevised  Ordinances  of  the  City  of  Austin. 

and  an  admission  charged  for  profit,  not  connected  with  a  circus  or 
theater,  five  dollars  for  each  performance. 

Sec.  18.  From  every  sieight-of-hand  performance  or  exhibition  of 
legerdemain,  not  connected  with  a  theater  or  circus,  the  sum  of  twelve 
dollars  and  fifty  cents. 

Sec.  19.  From  every  cock  pit  when  kept  for  profit  or  upon  which 
any  money  or  thing  of  value  is  bet  or  paid,  twenty-five  dollars. 

Sec.  20.  From  every  menagerie,  wax-works  or  exhibition  of  any  kind 
where  a  separate  fee  for  admission  is  demanded  or  received,  five  dollars 
for  every  day  on  which  fees  for  admission  are  received;  provided,  that 
exhibitions  by  associations  organized  for  promotion  of  art,  science,  char- 
ity or  benevolence  shall  be  exempt  from  taxation;  and  provided  further, 
that  persons  who  form  a  museum  composed  entirely  of  the  products  of 
Texas  shall  have  the  right  to  exhibit  the  same  for  a  fee  without  paying 
any  occupation  tax. 

Sec.  21.  From  every  concert  w^here  a  fee  for  admission  is  demanded 
or  received,  one  dollar;  provided,  that  entertainments  when  given  by 
the  citizens  for  charitable  purposes,  or  for  the  support  or  aid  of  literary 
or  cemetery  associations  are  exempt. 

Sec.  22.  From  every  wagon  yard  used  for  profit,  two  dollars  and 
fifty  cents. 

Sec.  23.  From  each  and  every  person  or  firm  acting  as  local  agent 
or  agents  of  industrial  life  insurance  companies,  an  annual  tax  of  one 
dollar. 

Sec.  24.  From  every  person,  firm  or  association  of  persons  dealing  in 
lightning  rods,  an  annual  tax  of  eighteen  dollars,  and  upon  every  per- 
son canvassing  for  the  sale  of  lightning  rods,  an  annual  tax  of  fifty 
dollars. 

Sec.  25.  From  every  person,  firm  or  association  of  persons  following 
the  occupation  of  cotton  broker,  cotton  factor  or  commission  merchant, 
seventeen  dollars  and  fifty  cents;  provided,  that  a  merchant  who  pays 
an  occupation  tax  under  this  ordinance  shall  not  be  considered  as  a 
cotton  broker;  a  "commission  merchant"  in  the  meaning  of  this  section 
is  every  person,  firm  or  association  of  persons  receiving  country  pro- 
duce, horses,  cattle,  sheep,  grain,  hay,  lumber,  wood,  coal,  goods,  wares 
and  merchandise,  or  anything  else  for  sale,  to  be  accounted  for  to  the 
owner  when  sold  and  charging  a  commission  therefor. 

Sec.  26.  From  every  pawnbroker  an  annual  tax  of  seventy-five  dol- 
lars. 

Sec.  27.  From  every  person,  firm,  agency  or  association  of  persons 
dealing  in  sewing  machines,  an  annual  tax  of  seven  dollars;  provided, 
that  a  merchant  who  pays  an  occupation  tax  as  such  shall  not  be  re- 


Kevised  Ordinances  of  the  City  of  Austin.  251 

quired  to  pay  the  special  tax  to  sell  sewing  machines  when  sold  in  his 
place  of  business. 

Sec.  28.  From  every  person  or  firm  who  peddles  out  clocks,  cooking 
stoves  or  ranges,  wagons,  buggies,  carriages,  surreys  and  other  similar 
vehicles,  washing  machines  and  churns,  an  annual  tax  of  one  hundred 
and  twenty-five  dollars;  provided  that  a  merchant  who  pays  an  occupa- 
tion tax  as  such  shall  not  be  required  to  pay  this  special  tax  for  selling 
i.he  articles  named  in  this  section  when  sold  in  his  place  of  business. 

Sec.  29.  From  every  person,  firm  or  association  of  persons  loaning 
money  as  agent  or  agents  for  any  corporation,  firm  or  association,  either 
in  this  city  or  out  of  it,  an  annual  occupation  tax  of  seventy-five  dol- 
lars. 

Sec.  30.  From  each  and  every  owner  or  keeper  of  any  skating  rink 
used  for  profit,  twelve  dollars  and  fifty  cents. 

Sec.  31.  From  every  manager  of  a  baseball  park,  where  an  admission 
fee  is  charged,  twelve  dollars  and  fifty  cents. 

Sec.  32.  From  each  owner  or  keeper  of  every  steam  laundry,  five 
dollars. 

Sec.  33.  From  each  person  or  corporation  who  are  wholesale  dealers 
selling  imported  or  home-made  ice  to  the  trade,  to  be  sold  again,  twenty^ 
five  dollars. 

Sec.  34.  From  each  owner  or  manager  of  every  phonographic,  elec- 
tric battery,  graphophone,  or  other  like  machines  or  instruments,  where 
a  fee  is  charged,  an  annual  tax  of  twelve  dollars  and  fifty  cents. 

Sec.  35.  From  each  owner  or  keeper  of  every  kinetoscope,  cineto- 
graph  or  similar  machine  or  instrument  used  for  profit,  which  shows 
the  life-like  motions  of  persons  or  animals,  an  annual  tax  of  twelve 
dollars  and  fifty  cents. 

Sec.  36.  From  each  owner,  manager  or  keeper  of  every  panorama  or 
view  show  used  for  profit,  exhibited  in  a  wagon,  room,  tent  or  elsewhere, 
an  annual  occupation  tax  of  five  dollars.  A  panorama  or  view  show  in 
the  meaning  of  this  ordinance  is  a  show  exhibiting  pictures,  statuary  or 
other  works  of  art  which  are  viewed  through  stereoscopic  or  magnifying 
lenses. 

Sec.  37.  From  each  owner,  manager  or  keeper  of  every  show  or  com- 
pany of  persons  giving  exhibitions  of  music,  songs,  recitations,  sleight- 
of-hand,  gymnastic,  dancing  or  other  kinds  of  performances,  in  a  tent, 
house  or  elsewhere,  which  said  exhibitions  are  used  for  profit  by  the  sale 
of  medicine,  electric  belts,  or  other  articles  of  value,  whether  charge  is 
made  only  for  seats  or  not,  an  annual  occupation  tax  of  twenty-five 
dollars. 

Sec.  38.  From  every  person,  firm  or  association  of  persons  selling  on 
commission,  twenty-five  dollars;  this  section  is  intended  to  cover  every 


352  Eevised  Ordixances  of  the  City  of  Austin. 

person,  firm  or  association  of  persons  selling  on  sample  only,  and  who 
do  not  carry  any  stock  or  merchandise  or  anything  else  on  hand;  pro- 
vided that  this  tax  shall  not  apply  to  commercial  travelers  or  salesmen 
making  sales  or  soliciting  trade  from  merchants. 

Sec.  39.  From  all  dealers  in  cigarettes  in  this  city,  the  sum  of  five 
dollars  per  annum;  provided,  that  this  tax  shall  be  in  addition  to  the 
occupation  tax  levied  on  merchants  and  any  other  tax  levied  under 
this  ordinance. 

Sec.  40.  From  every  person,  firm  or  association  of  persons  acting 
as  general  adjusters  of  losses,  or  agents  of  life,  fire,  marine  and  accident 
insurance  companies,  who  may  transact  any  business  as  such  in  this 
city,  an  annual  occupation  tax  of  twenty-five  dollars.  By  "general 
agent,"  as  used  in  this  section,  is  meant  any  person  or  firm  representa- 
tive of  any  insurance  company  in  this  city,  or  who  may  exercise  a  gen- 
eral supervision  over  the  business  of  such  insurance  company  in  this 
city;  provided,  that  when  such  a  general  agent  acts  as  local  agent  he 
shall  pay  an  additional  tax  as  local  agent  as  provided  herein. 

Sec.  41.  From  every  fortune  teller,  five  dollars;  from  every  clair- 
voyant or  mesmerist,  who  plies  his  or  her  vocation  for  money,  five  dol- 
lars. 

Sec.  42.  All  persons,  except  managers  of  theaters,  who  shall  sell  or 
be  engaged  in  selling. tickets  to  any  theatrical  exhibition  given  or  to  take 
place  at  any  theater  in  the  City  of  Austin  shall  pay  to  the  City  of  Aus- 
tin an  annual  license  tax  of  fifty  dollars  before  selling  or  being  engaged 
in  the  sale  of  such  theatrical  tickets. 

Article  1046.  The  Assessor  and  Collector  shall  issue  all  licenses  and 
occupation  taxes,  under  the  supervision  of  the  Mayor,  and  all  licenses 
issued  shall  be  made  out  from  a  book  with  a  stub  attached,  showing  to 
whom  issued,  what  for,  and  date  of  expiration,  also  duly  numbered. 

Article  1047.  All  licenses  shall  be  issued  under  the  direction  of  the 
Mayor,  and  assessed  and  collected  by  the  City  Assessor  and  Collector, 
and  shall  be  in  the  following  form : 

The  City  of  Austin. 

License  No 

Received  of the  sum  of  $ 

for  city  license  to in  conformity  with  the 

ordinances  of  said  city,  for  the  term  of months,  from  the 

day  of ,  1 . . . ,  to  the ....  day  of ,  18 . . . 

Austin,  Texas, 1 .  .  . 


City  Assessor  and  Collector. 


Eevised  Ordinances  of  the  City  of  Austin.  353 

Article  1048.  In  all  cases  where  any  dealer  in  merchandise,  wares 
or  goods  of  any  kind  subject  to  ad  valorem  or  occupation  taxes,  or  both, 
undgr  the  provisions  of  any  ordinances  of  this  city,  who  shall,  after 
the  rendition  of  said  merchandise,  wares  or  goods  for  taxation,  or  after 
becoming  liable  for  any  occupation  tax,  become  bankrupt  or  make  as- 
signment or  appoint  a  trustee  of  said  merchandise,  wares  or  goods,  then 
the  Collector  of  Taxes  shall  at  once  present  to  the  assignee,  receiver  or 
trustee  of  said  dealer,  for  payment  of  the  amount  due  for  said  taxes  by 
said  dealer,  and  in  case  of  failure  of  said  receiver,  assignee  or  trustee 
to  at  once  pay  the  amount  of  said  taxes,  the  Collector  shall  levy  upon, 
seize  and  sell  from  the  said  merchandise,  wares  or  goods  enough  to 
satisfy  the  amount  of  said  taxes;  and  said  taxes  until  paid  shall  consti- 
tute a  prior  lien  on  said  merchandise,  goods  or  wares,  in  default  of 
said  taxes,  and  in  whomsoever  hands  or  possession  it  may  be  found. 

Article  1049.  The  assignee,  trustee  or  purchaser  of  any  unexpired 
occupation  license  shall  be  authorized  to  pursue  such  occupation  under 
such  unexpired  license  for  and  during  the  unexpired  term  thereof;  pro- 
vided, that  such  assignee,  trustee  or  purchaser  shall,  before  following 
such  occupation  comply  in  all  other  respects  with  all  the  requirements 
of  the  city  ordinances,  provided  for  in  the  original  application  for  such 
license;  and  provided  further,  that  nothing  in  this  section  shall  be  so 
construed  as  to  authorize  two  or  more  persons,  firms,  corporations  or 
associations  of  persons  to  follow  the  same  occupation  under  one  license 
at  the  same  time. 

Article  1050,  The  City  Assessor  shall  procure  a  well-bound  book, 
in  which  he  shall  record  all  such  transfers  of  occupation  licenses,  show^ing 
to  whom  the  original  was  issued  and  to  whom  transferred,  and  giving  the 
date  of  the  transfer. 

Article  1051.  If  any  person,  firm,  corporation  or  association  of  per- 
sons shall  use  any  occupation  license  issued  to  another  without  having 
the  same  legally  transferred  he  or  they  shall  be  guilty  of  a  misdemeanor. 

Article  1052.  That  it  shall  not  be  lawful  for  any  person,  either 
alone  or  as  a  firm  or  company  to  engage  in  or  pursue,  either  one  or 
any  of  the  occupations,  professions  or  callings  specified  in  the  fore- 
going sections  of  this  ordinance,  without  having  previously  paid  the 
amount  of  the  license  assessed  upon  the  same  and  obtaining  a  license 
therefor,  and  any  person  or  persons  who  shall  violate  any  of  the  pro- 
visions of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  fined  not  less  than  five  dollars  nor  more  than 
two  hundred  dollars,  and  each  day  of  said  violation  shall  be  deemed 
a  separate  and  complete  offense. 

Article  1053.  The  preceding  article  shall  not  be  construed  so  as  to 
affect  any  civil  remedy  to  enforce  the  collection  of  taxes;  and  a  tax  re- 


254  Eevised  Ordinances  of  the  City  of  Austin. 

ceipt  for  said  tax  from  the  proper  officer  shall  be  a  sufficient  license  to 
follow  such  occupation,  calling  or  profession. 

Article  105-t.  The  City  Clerk  shall  not  deliver  any  city  warrant 
to  any  person  or  persons  who  are  in  default  of  city  taxes,  or  in  any  way 
indebted  to  the  city,  until  such  indebtedness  is  paid  and  the  City  Clerk 
has  been  notified  by  the  Assessor  and  Collector  of  such  payment. 

Article  1055.  Any  person  prosecuted  for  pursuing  any  occupation, 
calling  or  profession  without  a  license,  shall  have  the  right  at  any  time 
before  conviction  to  have  such  prosecution  dismissed  upon  payment  of 
the  tax  levied  upon  such  occupation,  calling  or  profession  and  taking 
out  a  license  therefor  and  all  costs  of  said  prosecution;  and  no  prosecu- 
tion shall  be  commenced  against  any  person  after  the  payment  of  his 
occupation  tax,  notwithstanding  he  may  have  followed  such  occupation, 
calling  or  profession  before  paying  the  taxes  therefor. 

Article  1056.  Any  person,  firm  or  corporation  or  association  of 
persons,  who  shall  be  legal  owners  or  hold^s  of  any  unexpired  occupa- 
tion, license  in  accordance  with  the  provisions  of  this  ordinance,  are 
authorized  to  transfer  the  same  on  the  books  of  the  City  Assessor  and 
Collector  and  in  no  other  manner,  and  such  license  can  under  no  circum- 
stances be  transferred  more  than  one  time. 

Article  1057.  Xo  license  shall  be  sold  or  otherwise  transferred  ex- 
cept in  the  manner  prescribed  b}^  the  ordinances  of  this  city,  and  the 
City  Council  may  at  any  time,  by  ordinance,  revoke  any  license  granted 
under  the  ordinances  of  this  city,  on  payment  of  the  amounts  that  may 
have  been  paid  to  the  city  for  such  license,  after  deducting  the  amount 
due  on  the  time  expired. 

Article  1058.  The  Assessor  and  Collector  shall  report  to  the  City 
Attorney  all  persons  violating  any  of  the  license  ordinances,  who  shall 
proceed  against  them  as  provided  by  ordinance,  and  the  Assessor  and 
Collector  may,  at  any  time,  call  upon  the  City  Marshal  or  any  police 
officer  to  assist  him  in  the  discharge  of  his  duties. 

Article  1059.  Whenever  an  original  occupation  license  shall  havj 
been  lost  or  destroyed  it  shall  be  the  duty  of  the  Assessor  and  Collectoi* 
on  application  in  writing  of  the  owner  thereof,  to  issue  a  duplicate  of 
the  same;  provided,  that  such  owner  shall  make  and  file  with  the  As- 
sessor and  Collector  an  affidavit  that  such  license  has  not  been  trans- 
ferred or  assigned  by  him  or  any  person  under  this  authority,  that  the 
same  has  been  lost  or  destroyed  without  any  connivance  on  his  part,  and 
that  he  has  made  diligent  search  for  the  same,  and  has  not  been  able 
to  find  it. 

Article  lOGO.  It  shall  be  the  duty  of  every  peace  officer  of  the 
city  to  call  upon  and  demand  of  any  peddler,  itinerant  vendor,  merchant, 
hackman,  drayman,  showman  or  any  person  or  firm  who  is  required  to 


Revised  Ordinances  of  the  City  of  Austin.  255 

pay  a  license  tax  under  the  provisions  of  this  or  any  ordinance  of  this 
city  to  exhibit  their  license,  and  on  the  failure  or  refusal  of  any  per- 
son to  procure  their  license,  it  shall  be  the  duty  of  such  policeman 
to  arrest  and  make  complaint  before  the  Recorder  against  such  person 
or  persons,  and  the  Assessor  and  Collector  shall  from  time  to  time 
furnish  the  City  Marshal  with  the  names  of  all  persons,  firms  or  corpo- 
rations violating  any  of  the  license  ordinances,  and  he  shall  proceed 
against  them  as  provided  by  this  article. 

Article  1061.  It  shall  be  the  duty  of  any  person  or  firm  after  hav- 
ing obtained  a  license  for  any  of  the  purposes  hereinbefore  mentioned 
to  have  the  same  placed  in  a  secure  manner  in  some  part  of  their  place 
of  business  where  the  said  license  may  be  readily  seen  at  all  times  by 
any  person  entering  the  said  place  of  business. 

Article  1062.  Every  person,  firm,  corporation  or  association  of 
persons  ha^ng  more  than  one  place  of  business,  or  who  shall  exercise 
or  follow  more  than  one  profession,  calling  or  occupation,  shall  pay  for 
each,  a  separate  license  tax,  except  where  it  is  otherwise  expressly  pro- 
vided. 

Article  1063.  All  occupation  licenses  shall  be  issued  and  collected 
by  the  City  Assessor  and  Collector,  and  he  shall  be  guided  by  the  opinion 
of  the  City  Attorney  upon  all  questions  referred  to  him. 

Article  1064.  All  licenses  issued  as  specified  in  the  preceding 
article  of  this  chapter,  where  the  amount  is  five  dollars  or  less,  or  for 
selling  spirituous,  vinous  or  malt  liquors,  or  medicated  bitters,  shall  be 
issued  for  a  period  of  not  less  than  one  year,  but  in  all  other  cases  they 
may  be  issued  quarterly,  but  for  no  longer  than  for  one  year;  provided, 
that  said  liquor  license  may  be  issued  so  as  to  conform  with  the  State 
license. 

school  tax. 

Article  1065.  All  levies  of  taxes  heretofore  made  for  the  support 
and  maintenance  of  the  public  free  schools  in  the  City  of  Austin,  and 
which  remain  uncollected,  are  hereby  validated  and  declared  legal  and 
binding  upon  the  persons  and  property  subject  to  taxation  in  said  city, 
and  the  City  Council  shall  continue  to  levy  and  collect  the  rate  of  special 
taxation  adopted  or  which  may  be  adopted  by  vote  of  the  people  for  said 
purpose  and  deliver  the  same  to  the  said  Board  of  Trustees  in  accordance 
with  the  general  laws  of  the  State  upon  the  subject. 


356  Revised  Okdinances  of  the  City  of  Austin. 


TITLE  XXXIX, 


THEATERS,  CIRCUSES,  PUBLIC  BALLS  AND  PUBLIC  DANCE  HOUSES. 


CHAPTER  I. 

REGULATION    OF. 

Article  1066.  It  shall  not  be  lawful  for  any  person,  compan}-  or  as- 
sociation of  persons  to  exhibit  in  the  City  of  Austin  any  theatrical, 
operatic,  dramatic  or  variety  theatrical  performance  or  performances 
of  that  nature  or  character  or  any  circus  or  legerdemain,  or  sleight-of- 
hand,  or  clairvoyant  performance,  or  any  other  public  performance, 
exhibition  or  show,  where  an  admission  fee  is  charged,  directly  or  in- 
directly, without  first  having  obtained  the  special  permit  of  the  Mayor 
of  this  city  so  to  do,  also  paying  the  amount  of  tax  assessed  upon  the 
same  and  obtaining  a  license  therefor,  and  no  license  shall  be  issued 
by  the  Assessor  and  Collector  for  such  purpose  except  upon  presentation 
of  Mayor's  permit  mentioned  in  this  article,  and  any  person  violating 
the  provisions  of  this  article  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  in  any  sum  not  less  than  five  nor 
more  than  one  hundred  dollars. 

Article  1067.  If  the  Mayor  refuse  to  grant  a  special  permit  for 
the  purpose  set  forth  in  the  preceding  article,  then  the  person,  company 
or  association  of  persons  applying  for  the  same  shall  have  the  right  to 
petition  the  City  Council,  which,  by  a  majority  vote,  may  grant  a  per- 
mit to  such  person  upon  the  payment  of  the  amount  of  tax  assessed  upon 
such  exhibition  or  performance. 

Article  1068.  It  shall  not  be  lawful  for  any  person,  company  or 
association  of  persons  to  give  any  such  exhibition  or  performance  men- 
tioned in  Article  1066  in  any  room,  building  or  place  where  any  spirit- 
uous, vinous,  malt  or  other  intoxicating  liquors  arc  sold,  kept  for  sale 
or  given  away  in  quantities  less  than  one  quart,  and  any  person  who 
shall  violate  any  of  the  provisions  of  this  article  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum  not 
less  than  five  nor  more  than  one  hundred  dollars. 

Article  1069.  It  shall  not  be  lawful  for  any  person,  company  or 
association  of  persons  to  give  any  public  ball  or  dance,  or  keep  any 
dance  house  within  this  city,  without  first  obtaining  from  the  Mayor 
a  special  permit  so  to  do,  and  no  such  permit  shall  be  given  for  more 
than  one  night  or  one  ball  or  dance,  and  any  person  violating  any  of  the 


Eevised  Ordinances  of  the  City  of  Austin.  257 

provisions  of  this  article  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  he  shall  be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars. 

Article  1070.  It  shall  be  unlawful  for  any  person,  company  or 
association  of  persons  keeping  any  public  dance  house,  public  park,  or 
other  place  for  public  assemblages,  to  give  or  permit  to  be  given  any 
public  ball  or  dance,  or  permit  any  public  assemblage  in  such  dance 
house,  park  or  other  place  kept  or  used  for  such  purpose,  without  first 
obtaining  a  written  permit  from  the  Mayor,  the  Aldermen  of  the  ward 
in  which  such  public  dance,  ball  or  public  assemblage  is  to  take  place, 
and  the  City  Marshal,  and  depositing  with  the  City  Marshal  a  sum 
sufficient  to  pay  for  the  services  of  not  less  than  one  and  as  many  more 
officers  as  in  the  judgment  of  the  Marshal  may  be  required  for  the  pur- 
pose of  enforcing  order. 

Article  1071.  Each  officer  employed,  as  provided  by  the  preceding 
article  shall  receive  as  compensation  for  his  services  the  sum  of  two 
dollars  and  fifty  cents  for  each  night  on  which  such  dance,  ball  or 
public  assemblage  is  given  or  permitted. 

.  Article  1072.  Every  person,  company  or  association  of  persons 
violating  any  of  the  provisions  of  the  two  preceding  articles  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined 
in  any  sum  not  less  than  five  dollars  nor  more  than  one  hundred  dollars, 
and  each  night  on  which  such  ball,  dance  or  public  assemblage  is  given 
or  permitted  shall  constitute  a  separate  and  distinct  offense. 

Article  1073.  The  provisions  of  the  preceding  article  shall  not 
apply,  in  the  discretion  of  the  Mayor,  to  any  case  where  the  proprietor 
of  such  dance  house  or  giver  of  such  ball  or  dance  shall  file  with  the 
City  Clerk  a  bond  payable  to  the  City  of  Austin  in  the  sum  of  two 
hundred  and  fifty  dollars  conditioned  that  said  dance  house,  ball  or 
dance  shall  be  conducted  in  an  orderly  manner  and  that  the  public 
peace  shall  be  preserved  therein  and  after  complying  with  all  other 
ordinances  of  this  city  relative  thereto. 

Article  1074.  It  shall  be  the  duty  of  any  person,  company  or 
association  of  persons,  who  shall  exhibit  in  the  City  of  Austin  any 
theatrical,  operatic,  dramatic  or  variety  theatrical  performance,  or  per- 
formances of  that  nature  or  character,  or  any  circus  or  legerdemain, 
sleight-of-hand  or  clairvoyant  performance,  or  other  public  performance, 
exhibition  or  show,  to  have  in  attendance  at  such  exhibitions,  perform- 
ances or  shows,  the  City  Marshal  or  one  or  more  policemen  designated 
by  him,  for  the  purpose  of  enforcing  order  and  decorum  therein,  and 
shall  pay  to  each  the  sum  of  two  dollars  and  fifty  cents  for  each  exhi- 
bition or  performance,  and  admit  the  same  free  of  charge;  and  any 
person,  company  or  association  of  persons  violating  any  of  the  pro- 


258  Eevised  Ordixances  of  the  City  of  Austin. 

visions  of  this  article  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  five  nor  more  than  one  hun- 
dred dollars,  and  each  exhibition  or  performance  shall  be  deemed  a 
separate  and  distinct  offense. 

Akticle  1075.  The  provisions  of  the  preceding  article  shall  not 
apph%  in  the  discretion  of  the  ^layor,  to  any  case  where  the  proprietor 
or  manager  of  such  exhibition  or  performance  shall  file  with  the  Ciiy 
Clerk  a  bond  payable  to  the  City  of  Austin,  in  the  sum  of  two  hundred 
and  fifty  dollars,  with  good  and  sufficient  sureties,  conditioned  that  such 
exhibition  or  performance  shall  be  conducted  in  an  orderly  manner, 
and  that  the  public  peace  shall  be  preserved  thereat,  and  complying  with 
all  other  ordinances  of  this  city  relative  to  such  exhibitions,  perform- 
ances, etc. 

Auticle  1076.  All  performances  and  exhibitions,  balls  and  dances 
referred  to  in  this  ordinance  shall  be  closed  at  or  before  four  o'clock  a.  m. 
Article  1077.  It  shall  not  be  lawful  for  the  Mayor  to  give  his 
permit  for  a  ball  or  dance,  or  a  variety  theatrical  performance,  as  con- 
templated in  this  ordinance,  to  any  common  prostitute  or  lewd  woman, 
or  other  person,  when  such  ball,  dance  or  performance  is  given  to  be 
attended  or  patronized  by  common  prostitutes  or  lewd  women. 

CHAPTER  II. 

EXHIBITION    OF   DURING   COUNTY    FAIR   PROHIBITED. 

Article  1078.  It  shall  not  be  lawful  for  any  person,  company  or 
association  of  persons  to  give  any  show,  or  exhibition,  or  conduct  any 
places  of  amusement  for  profit  in  any  part  of  the  City  of  Austin  during 
the  time  that  any  company  or  association  of  persons  is  engaged  in  con- 
ducting a  county  fair  for  the  exhibition  of  live  stock  and  agricultural 
products  within  said  prohibited  district,  unless  such  show,  exhibition  or 
place  of  amusement  is  conducted  in  a  permanent  building. 

Article  1079.  It  shall  be  the  duty  of  any  company  or  association 
of  persons  desiring  to  conduct  a  county  fair,  as  above  provided,  to  file 
a  written  notice  with  the  Mayor  and  City  Tax  Collector,  designating 
the  days  during  which  said  fair  shall  be  conducted;  provided,  said  fair 
shall  not  be  conducted  on  any  public  square  or  street  of  the  City  of 
Austin,  and  after  the  receipt  of  such  notice  the  Mayor  and  City  Tax 
Collector  are  hereby  forbidden  to  issue  a  permit  or  license  to  any  per- 
son to  give  any  show  or  exhibition  or  conduct  any  place  of  amusement 
in  violation  of  the  terms  of  this  ordinance. 

Article  1080.  Any  person  violating  any  of  the  provisions  of  the  two 
preceding  articles  shall  be,  upon  conviction,  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  in  the  Corporation  Court  of 
the  City  of  Austin. 


Eevised  Ordinances  of  the  City  of  Austin.  259 


TITLE  XL. 


VAGRANTS. 


CHAPTEE  I. 

WHO    ARE. 

Article  1081.  A  vagrant  is  hereby  declared  to  be  an  able-bodied 
idle  person,  living  without  any  visible  means  of  support,  and  making 
no  exertions  to  obtain  a  livelihood  by  honest  employment;  all  persons 
who  stroll  about  to  tell  fortunes  or  to  exhibit  tricks  or  cheats  in  public 
not  licensed  by  law;  all  common  prostitutes  and  professional  gamblers, 
and  all  persons  who  keep  houses  of  prostitution  or  for  gamblers;  all 
persons  who  go  about  begging  alms  and  who  are  not  afflicted  or  disabled 
by  physical  malady  or  misfortune;  all  habitual  drunkards,  who  abandon, 
neglect  or  refuse  to  aid  in  the  support  of  their  families,  and  who  may  be 
complained  of  by  their  families;  and  all  persons  who  stroll  idly  about 
the  streets  of  this  city,  having  no  local  habitation,  and  no  honest  busi- 
ness or  employment.  And  each  and  all  of  the  aforesaid  classes  are  hereby 
declared  to  be  vagrants  within  the  meaning  of  this  article. 

Article  1082.  All  vagrants  coming  within  the  meaning  of  the  pre- 
ceding article,  upon  conviction,  shall  be  punished  by  a  fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars. 


360  Bevised  Ordinances  of  the  City  of  Adstin. 


TITLE  XLT. 


WARDS. 


CHAPTEE  I. 

NAMED   AND    BOUNDED. 

Article  1083.     The  City  of  Austin  shall  be  divided  into  seven  wards. 

Article  1084.  The  First  Ward  shall  embrace  all  the  territory  of  the 
City  of  Austin  south  of  the  center  of  the  Colorado  Eiver. 

Article  1085.  The  Second  Ward  shall  embrace  all  of  the  follow- 
ing  territory:  Beginning  at  a  point  in  the  center  of  the  bridge  over 
the  Colorado  Eiver  and  extension  of  Congress  Avenue,  and  running 
north  with  the  line  in  the  center  of  said  Congress  Avenue  to  a  point  in 
the  center  of  Seventh  Street;  thence  west  with  a  line  in  the  center  of 
Seventh  Street  to  a  point  in  the  center  of  West  Avenue;  thence  south 
with  a  line  in  the  center  of  West  Avenue  to  a  point  in  the  center  of 
West  Sixth  Street;  thence  west  with  a  line  in  the  center  of  West  Sixth 
Street  to  a  point  in  the  center  of  Blanco  Street ;  thence  north  with  a  line 
in  the  center  of  Blanco  Street  to  a  point  in  the  center  of  West  Xinth 
Street;  thence  west  with  a  line  in  the  center  of  West  Xinth  Street  to  a 
point  in  the  center  of  West  Lynn  Street;  thence  north  with  a  line  in 
the  center  of  West  Lynn  Street  to  a  point  due  east  of  the  northeast 
corner  of  the  Texas  Confederate  Home  property ;  thence  due  west  to  said 
corner  of  said  property;  thence  with  the  north  boundary  line  of  said 
property  to  its  northwest  corner;  thence  south  with  the  west  boundary 
line  of  said  property  to  a  point  in  the  center  of  West  Sixth  Street; 
thence  west  with  the  center  of  West  Sixth  Street  and  of  the  boulevard 
continuation  thereof  to  a  point  opposite  the  dam;  thence  west  to  the 
center  of  the  dam;  thence  down  the  center  of  the  Colorado  Eiver  with 
its  meanders  to  the  beginning  point  in  the  center  of  said  bridge  over 
the  Colorado  Eiver. 

Article  1086.  The  Third  Ward  shall  embrace  the  following  ter- 
ritory :  Beginning  at  a  point  in  the  center  of  Congress  Avenue  at  its 
intersection  with  Seventh  Street ;  thence  north  with  a  line  in  the  center 
of  Congress  Avenue  to  a  point  in  the  center  of  Xineteenth  Street ;  thence 
east  with  a  line  to  the  centef  of  Xineteenth  Street  to  a  point  in  the  center 
of  Lampasas  Street;  thence  north  with  a  line  in  the  center  of  Lampasas 
Street  to  a  point  in  the  center  of  Twenty-first  Street;  thence  west  witli 


Eevised  Ordii^ances  of  the  City  of  Austin.  261 

a  line  in  the  center  of  Twenty-first  Street  to  the  center  of  Kio  Grande 
Street;  thence  south  with  a  line  in  the  center  of  Rio  Grande  Street 
to  the  center  of  Nineteenth  Street;  thence  west  with  a  line  in  the  center 
of  Nineteenth  Street  to  a  point  in  the  east  line  of  the  George  W.  Spear 
league;  thence  southward  following  said  Spear  league  line  to  the  north- 
west comer  of  Block  No.  15,  Division  Z;  thence  west  to  the  northwest 
corner  of  Block  No.  12,  Division  Z;  thence  south  to  the  southeast  cor- 
ner of  the  R.  Krause  ten-acre  tract;  thence  following  the  city  boundary 
line  in  a  westwardly  direction  to  the  southwest  corner  of  the  William 
Walsh  tract;  thence  down  the  Colorado  River  to  the  northwest  corner 
of  the  Second  Ward ;  thence  following  the  north  boundary  of  the  Second 
Ward  in  an  easterly  direction  to  the  place  of  beginning. 

Article  1087.  The  Fourth  Ward  shall  embrace  the  following  terri- 
tory :  Beginning  at  a  point  in  the  center  of  Lampasas  Street  at  its 
intersection  with  Nineteenth  Street;  thence  east  with  a  line  in  the 
center  of  Nineteenth  Street  to  a  point  in  the  center  of  Waller  Creek, 
to  the  junction  of  East  and  West  Waller  Creek;  thence  north  with  the 
meanders  of  East  Waller  Creek  to  the  north  boundary  line  of  the  city; 
thence  northwest  with  the  boundary  line  of  the  city  to  the  northeast 
corner  of  the  city  boundaries;  thence  west  with  the  north  boundary 
line  of  the  city  to  the  northwest  corner  of  lot  No.  82  in  Division  D; 
thence  south  with  the  George  W.  Spear  league  line  to  a  point  in  the 
center  of  Nineteenth  Street;  thence  with  the  north  boundary  line  of 
the  Third  Ward  in  an  easterly  direction  to  the  place  of  beginning. 

Article  1088.  The  Fifth  Ward  shall  embrace  the  following  terri- 
tory :  Beginning  at  a  point  in  the  center  of  Congress  Avenue  at  the 
intersection  of  Twelfth  Street;  thence  east  with  a  line  in  the  center  of 
Twelfth  Street  to  the  center  of  East  Avenue;  thence  south  with  a  line 
in  the  center  of  East  Avenue  to  a  point  in  the  center  of  East  Eleventh 
Street;  thence  east  with  a  line  in  the  center  of  said  Eleventh  Street 
and  its  continuation,  Chincapin  Street,  to  the  east  boundary  line  of  the 
city;  thence  north  with  said  east  boundary  line  to  a  point  where  East 
Waller  Creek  intersects  said  boundary  line ;  thence  south  down  said  East 
Waller  Creek  with  its  meanderings  to  the  center  of  East  Nineteenth 
Street;  thence  west  along  the  center  of  Nineteenth  Street  to  a  point 
in  the  center  of  Nineteenth  Street  and  Congress  Avenue;  thence  south 
with  a  line  in  the  center  of  Congress  Avenue  to  the  place  of  beginning. 

Article  1089.  The  Sixth  Ward  shall  embrace  the  following  terri- 
tory: Beginning  at  a  point  in  the  center  of  Congress  Avenue  at  the 
intersection  of  Sixth  Street;  thence  east  with  a  line  in  the  center  of 
Sixth  Street  to  a  point  in  the  center  of  East  Avenue;  thence  south  with 
the  center  of  said  East  Avenue  to  its  intersection  with  the  line  of  the 
Houston  &  Texas  Central  Railroad;  thence  with  said  railroad  to  the 


262  Revised  Ordinances  of  the  City  of  Austin. 

east  boundary  line  of  the  city;  thence  north  with  the  said  east  boundary 
line  of  the  city  to  the  southeast  corner  of  the  Fifth  Ward;  thence  west 
with  the  south  boundary  line  of  the  Fifth  Ward  to  a  point  in  the  center 
of  Congress  Avenue;  thence  south  with  a  line  in  the  center  of  Congress 
Avenue  to  the  place  of  beginning. 

Article  1090.  The  Seventh  Ward  shall  embrace  the  following  ter- 
ritory: Beginning  at  a  point  in  the  center  of  Congress  Avenue  at  the 
intersection  of  Sixth  Street;  thence  south  with  a  line  in  the  center  of 
Congress  Avenue  and  the  bridge  over  the  Colorado  River,  a  continuation 
of  Congress  Avenue,  to  a  point  in  the  center  of  said  bridge ;  thence  down 
the  center  of  the  channel  of  said  river  with  its  meanders  to  the  boundary 
line  of  the  city,  the  northeast  corner  of  the  First  Ward;  thence  north- 
east with  the  boundary  line  of  the  city  to  the  southwest  corner  of  outlot 
No.  64,  Division  0;  thence  with  the  boundary  line  of  the  city  to  the 
southeast  corner  of  the  Sixth  Ward;  thence  with  the  south  boundary 
line  of  the  Sixth  Ward  to  the  place  of  beginning. 


Eevised  Ordinances  of  the  City  of  Austin.  263 


TITLE  XLII. 


WATER  AND  LIGHT  PLANT. 


CHAPTEE  I. 

REGULATING   WATER. 

Article  1091.  It  shall  not  be  lawful  for  any  person  to  use,  inter- 
fere with,  or  injure  in  any  unauthorized  manner,  any  waterworks,  or 
any  of  the  appurtenances  thereto,  or  to  waste  water  therefrom  beyond 
the  amount  contracted  for;  and  any  person  violating  any  of  the  pro- 
visions of  this  or  the  succeeding  articles  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  by  a  fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars. 

Article  1092.  Citizens  of  Austin,  who  may  desire  to  take  water 
from  said  city,  are  hereby  authorized  at  their  own  cost  to  lay  water 
pipes  in  the  streets  of  said  city  for  the  purpose  of  connecting  their 
premises  with  the  mains  already  laid  or  which  may  hereafter  be  laid 
by  the  city;  provided,  that  all  such  pipe  shall  be  laid  under  the  super- 
vision of  the  Superintendent  of  the  Water  and  Light  System  and  the 
City  Engineer. 

Article  1093.  All  pipes  so  laid  by  citizens  shall  be  of  such  size 
and  dimension  as  shall  be  designated  by  the  Superintendent  of  the 
Water  and  Light  System,  and  shall  conform  in  these  respects  to  the 
plans  already  adopted  by  the  city  for  its  water  system. 

Article  1094.  All  persons  who  may  desire  to  connect  with  the 'pipes 
so  laid,  shall  have  the  right  to  do  so,  upon  obtaining  the  consent  of  the 
Superintendent  of  the  Water  and  Light  System  and  the  payment  of 
their  pro  rata  of  the  cost  of  the  pipe  already  laid. 

Article  1095.  All  persons  who  avail  themselves  of  the  privilege  of 
laying  pipes,  on  connecting  therewith,  shall  pay  to  the  city  the  regular 
prices  charged  by  it  to  water  takers. 

Article  1096.  The  actual  cost  of  all  pipe  laid  under  the  provisions 
of  this  ordinance,  shall  be  filed  with  the  Superintendent  of  Water  and 
Light  as  soon  as  such  work  is  completed;  provided,  that  the  cost  of 
labor  and  pipe  shall  be  approved  by  the  Water  and  Light  Commission, 
and  no  connection  shall  be  allowed,  unless  the  cost  of  the  same  shall 
not  exceed  the  amount  which  it  would  cost  the  city  to  do  the  work. 

Article  1097.     It  shall  be  the  duty  of  the  Water  and  Light  Com- 


264  Revised  Ordinances  of  the  City  of  Austin. 

mission  to  keep  a  record  of  the  cost  of  all  work  done  under  and  by 
virtue  of  this  ordinance,  and  the  city  shall  have  the  right  at  any  time 
to  purchase  all  pipe  laid  at  its  actual  cost,  from  which  shall  be  deducted 
any  and  all  sums  paid  by  citizens  who  have  paid  the  owniers  for  the 
privilege  of  connecting  therewith. 

CHAPTER  II. 

regulating  lights. 

Article  1098.  The  construction,  alteration  and  repairs  of  all  electric 
wires,  the  running  and  maintaining  of  electric  plants  within  the  City 
of  Austin  shall  be  governed  by  the  following  rules  and  requirements : 

Section  1.  All  outside  overhead  wires  must  be  covered  with  some 
material  of  high  insulating  power  not  easily  abraided;  they  must  be 
firmly  secured  to  properly  insulated  and  substantial  supports.  All  tie 
wires  must  have  an  insulation  equal  to  that  of  the  conducting  wires. 

Sec.  2.  All  Joints  must  be  so  made  that  a  perfectly  secure  and  un- 
varying connection  fully  equal  to  the  cross-section  of  the  conducting 
wire  will  be  secured,  and  they  must  be  soldered.  The  following  formula 
for  a  soldering  fluid  is  approved : 

Saturated  solution  of  zinc 5  parts. 

Alcohol    ■ 4  parts. 

Glycerine 1  part. 

Any  excess  of  which  should  be  washed  off  before  the  splice  is  covered. 
This  also  applies  to  inside  wires.  All  joints  must  be  securely  wrapped 
with  the  tape  approved  by  the  inspector. 

Sec.  3.  Care  must  be  taken  that  conducting  wires  are  not  placed  in 
such  position  that  it  would  be  easy  for  water  or  any  liquid  to  form 
cross-connection  between  them,  and  they  should  not  approach  each  other 
nearer  than  one  foot.  The  wires  must  never  be  allowed  to  come  in 
contact  with  any  substance  other  than  their  supports. 

Sec.  4.  Conducting  wires  carried  over  or  attached  to  buildings  must 
be  at  least  five  feet  above  the  highest  point  of  flat  roofs,  and  one  foot 
above  the  ridge  of  pitch  roofs.  Lines  constructed  subsequent  to  the 
adoption  of  these  rules  should  not  be  run  over  or  attached  to  buildings 
other  than  those  in  which  the  light  or  power  is,  being  or  is  to  be  used, 
but  should  be  on  separate  poles  or  structures,  where  they  can  be  easily 
reached  for  inspection. 

Sec.  5.  When  they  are  in  proximity  to  other  conducting  wires,  or 
any  substance  likely  to  divert  any  portion  of  the  current,  dead  insulated 
guard  irons  should  be  placed  so  as  to  prevent  any  possibility  of  contact 
in  case  of  accident  to  the  wires  or  their  supports.    The  same  precautions 


Eevised  Ordinances  of  the  City  of  Austin.  265 

must  be  taken  where  sharp  angles  occur  in  the  line  wires  to  prevent 
wires  falling  in  case  of  the  breaking  of  the  pin  or  insulator. 

Sec.  6.  Overhead  wires  from*  the  main  circuit  or  pole  in  the  street 
to  the  terminal  insulators  attached  to  buildings,  and  at  the  point  where 
they  enter  the  building,  must  not  be  less  than  twelve  inches  apart.  They 
must  be  rigidly  and  neatly  run  and  supported  by  glass  insulators. 

Sec.  7.  Service  blocks  must  be  protected  by  at  least  two  coats  of 
waterproof  paint  over  their  entire  surface. 

Sec.  8.  For  entering  buildings  wires  must  be  protected  by  a  con- 
tinuous covering  of  hard  rubber  or  glass,  said  covering  to  project  at  least 
two  inches  each  side  of  the  wall.  The  wires  must  slope  down  so  that 
water  will  drip  off  without  entering  the  building,  and  the  holes  through 
which  they  enter  must,  where  possible,  slant  up  from  the  outside. 

Sec.  9.  Service  wires  must  come  in  contact  with  nothing  save  their 
insulating  supports,  except  in  unavoidable  cases,  when  a  wire  on  extra 
insulation,  suitable  for  the  purpose  must  be  used. 

Sec.  10.  Wires  must  enter  and  leave  a  building  through  an  ap- 
proved entant  switch. 

Sec.  11.  The  cutout  switch  must  be  a  double  contact,  and  must 
effectually  close  the  main  circuit,  and  cut  off  the  interior;  when  turn 
"off"  it  must  be  so  constructed  that  there  shall  be  no  arc  between  the 
points  when  "on"  and  "off."  It  must  be  automatic  in  its  action  in  either 
direction,  not  stopping  between  points  when  once  started.  It  must  in- 
dicate upon  inspection  whether  the  current  is  "on"  or  "off." 

Sec.  12.  It  must  be  mounted  on  a  non-conducting  base,  kept  free 
from  moisture,  when  possible,  over  the  entrance  to  the  building,  easy 
of  access  to  firemen  and  police. 

Inside  Wires. 

Sec.  13.  Wires  must  not  be  concealed;  they  must  be  run  in  plain 
sight,  so  as  to  be  open  to  inspection  at  any  time.  They  must  be  kept 
apart  at  least  ten  inches. 

Sec.  14.  Wires  must  be  rigidly  and  neatly  run  and  supported  by 
glass  or  porcelain  insulators. 

Sec.  15.  In  places  liable  to  dampness  wires  must  be  separated  at 
least  eighteen  inches;  they  must  be  thoroughly  and  carefully  put  up 
and  Supported  upon  porcelain  or  glass  insulators.  They  should  also 
be  provided  with  an  approved  insulation  covering. 

Sec.  16.  When  wires  pass  through  walls,  floors,  partitions,  etc.,  in- 
doors, continuous  coverings  of  glass  or  hard  rubber  must  be  used,  and 
said  extra  covering  shall  project  not  less  than  two  inches  each  side  of  the 
wall,  and  two  inches  above  the  floor  or  one  inch  below  the  ceiling,  as  the 
case  may  be. 


266  Kevised  Ordinances  of  the  City  of  Austin. 

Arc  Lamps. 

Sec.  17.  The  frames  and  other  exposed  parts  of  the  lamps  must  be 
carefully  insulated  from  the  circuit.  For  inside  use,  stops  of  some  kind 
must  be  provided,  to  prevent  the  carbons  from  falling  out  in  case  their 
clamps  fail  to  hold  them,  and  these  stops  must  always  be  in  place  when 
the  lamp  is  burning.  The  lamp  must  be  surrounded  by  a  globe,  rest- 
ing in  a  tight  stand,  so  that  no  particles  of  melted  copper  or  heating 
carbon  can  escape. 

Sec.  18.  When  anything  inflammable  is  near  or  under  the  lamp  the 
globe  must  be  protected  by  a  wire  netting.  Unless  a  very  high  globe, 
which  closes  in  as  far  as  possible  at  the  top  is  used,  .must  be  provided 
with  some  protection  or  spark  arrester,  reaching  to  a  safe  distance 
above  the  light.  Broken  or  cracked  globes  must  be  replaced  immediately 
by  perfect  ones.  (By  inflammable  is  meant  dry  goods,  clothing,  milli- 
nery, and  the  like,  in  stores;  flyings  or  goods  in  factories,  or  any  other 
substance  that  can  be  readily  ignited  by  droppings  from  the  lamp.) 

Incandescent  Lamps  and  Arc  Light  Circuits. 

Sec.  19.  All  rules  for  running  arc  lamps  apply  also  to  incandescent 
lamps  run  in  series. 

Sec.  20.  Fixtures  attached  to  gas  pipes  or  other  bodies  capable  of 
forming  a  ground  connection  will  not  be  allowed. 

Series  Incandescent  Circuits. 

Sec.  21.  Incandescent  lamps  in  series  circuits,  having  a  maximum 
potential  of  350  volts  or  over,  must  be  governed  by  the  same  rules  as  for 
arc  lights,  and  each  series  lamp  provided  with  a  hand  switch  and 
automatic  cut-out  switch.  When  lights  are  in  multiple  series,  such 
switches  must  not  control  less  than  a  single  group  of  lights.  No  electric 
magnet  device  will  be  approved  for  this  purpose. 

Sec.  22.  Wooden  ceiling  blocks  will  not  be  approved.  Ceiling  blocks 
must  be  made  of  porcelain  or  some  other  non-combustible  and  non- 
conducting material. 

Sec.  23.  Any  method  of  distributing  current  to  incandescent  lamps 
on  arc-light  circuits  other  than  as  provided  for  must  receive  the  ap- 
proval of  the  inspector  before  being  put  to  use. 

Dynamos,  Motors  and  Switch  Boards. 

Sec.  24.  They  must  be  located  in  dry  places,  not  exposed  to  flyings 
or  combustible  material,  and  must  be  insulated  on  dry  wood,  filled  to 
prevent  absorption  of  moisture.  They  must  be  kept  thoroughly  clean 
and  dry.     They  must  be  provided  with  a  reliable,  automatic,  regulating 


Eevised  Ordinances  of  the  City  of  Austin.  267 

device  or  a  competent  person  must  be  in  attendance  near  the  machine 
whenever  it  is  in  operation.  In  wiring  for  motive  power  the  same  pre- 
cautions must  be  taken  as  with  a  current  of  the  same  volume  and  po- 
tential for  lighting. 

Sec.  25.  All  wires  leading  to  or  from  dynamos  or  motors  should 
lead  "up"  to  the  ceiling,  not  "down"  through  the  floor,  and  they  must 
be  so  run  when  the  space  below  the  floor  is  not  absolutely  dry  and  easy 
of  access. 

Sec.  26,  The  wires  leading  to  motors  must  be  separated  at  least 
ten  (10)  inches  from  each  other,  and  must  be  provided  with  an  ap- 
proved cut-out  switch  at  the  point  where  they  enter  the  building.  The 
same  precaution  must  be  observed  in  entering  a  building  that  is  required 
for  lighting  circuits. 

Sec.  27.  Switch  boards,  or  other  apparatus  for  controlling  circuits, 
must  be  so  located  that  they  will  be  accessible  and  open  on  all  sides  and 
entirely  disconnected  from  all  woodwork  or  combustible  material;  also 
kept  free  from  moisture.  They  shoud  be  as  near  non-combustible  as 
possible. 

Testing. 

Sec.  28.  All  circuits  must  be  tested  at  least  twice  a  day  with  a  suit- 
able bridge  or  device  approved  by  the  Inspector  in  order  to  discover  any 
escape  to  the  ground  that  may  exist.  The  rules  for  testing  must  be 
observed  in  any  isolated  plant  the  same  as  in  central  stations. 

Sec.  29.     Incandescent   (low-pressure)  systems. 

Three  Hundred  Volts  or  Less. 

All  outside  overhead  conductors  must  be  erected  according  to  the 
general  rules  governing  arc  (series)  circuit  conductors.  They  must  be 
separated  not  less  than  six  inches  where  they  enter  buildings  as  service 
conductors,  and  provided  with  a  double-pole  fusible  cut-out,  as  near  the 
point  of  entrance  to  the  building  as  practicable. 

Underground  Service. 

Sec.  30.  Where  underground  service  conductors,  enclosed  in  metal 
tube  enter  a  building,  special  care  must  be  taken  at  the  point  where 
the  conductors  leave  the  tube,  and  thence  to  the  main  cut-out,  to  protect 
them  in  such  manner  that  they  can  not  come  in  contact  with  each  other 
or  with  the  tube,  or  be  acted  upon  by  falling  moisture,  nor  be  disturbed 
by  anything  falling  against  them. 

Sec.  31.  This  service  must  not  end  at  any  place  where  it  would  be 
unsafe  or  undesirable  to  place  a  cut-out,  but  should  be  continued  by 


268  Revised  Ordinances  of  the  City  of  Austin, 

means  of   specially   insulated   conductors,   and  a   space  of   ten   inches 
must  be  maintained  between  them  to  a  suitable  location. 

Inside  Wiring. 

Sec.  32.  Wires  should  be  so  placed  that  in  the  event  of  the  failure 
or  deterioration  of  their  insulated  coverings  the  conductors  will  still  re- 
main insulated.  At  the  entrance  of  every  building  there  shall  be  a 
double-pole  switch  placed  in  the  service  conductors,  whereby  the  current 
may  be  entirely  cut  ofE. 

Condiictors. 

Sec.  33.  Must  have  an  approved  insulating  covering,  and  must  not 
be  of  sizes  smaller  than  No.  14,  B.  &  S.,  Xo.  6.  B.  W.  G.,  or  Xo.  4, 
E.  S.  G. 

Sec.  34.  Must  be  protected  when  passing  through  floors  or  through 
walls,  partitions,  timbers,  etc.,  in  places  liable  to  be  exposed  to  damp- 
ness by  waterproof,  non-combustible  insulating  tubes,  such  as  glass  or 
porcelain,  except  in  cases  where  it  is  impossible  to  use  a  rigid  tube, 
an  approved  flexible  tube  may  be  permitted. 

Sec.  35.  Must  be  protected  when  passing  through  walls,  partitions, 
timbers,  etc.,  in  places  not  liable  to  be  exposed  to  dampness  by  ap- 
proved insulating  bushings  for  this  purpose. 

Sec.  36.  Must  be  kept  free  from  gas,  water  or  other  metallic  piping, 
or  any  other  conductors  or  conducting  material,  which  they  may  cross, 
except  high  potential  conductors,  by  some  continuous  and  firmly  fixed 
non-conductor. 

Sec.  37.  Must  be  so  placed  in  crossing  high  potential  conductors 
that  there  shall  be  a  space  of  at  least  three  inches  or  greater  where  re- 
quired by  special  conditions  at  all  points  between  high  and  low  tension 
conductors. 

Sec.  38.  Must  be  so  placed  in  wet  places  that  an  air  space  will  be 
left  between  the  conductors  and  pipes  in  crossing  and  the  former  must 
be  run  in  such  a  way  that  they  can  not  come  in  contact  with  the  pipe 
accidentally.  Wires  should  be  run  over  all  pipes  upon  which  condensed 
moisture  is  likely  to  gather,  or  which  by  leaking  might  cause  trouble  on 
the  circuit. 

Special  Rules. 

Sec.  39.  Cleat  work  is  not  desirable,  and  cleats  must  not  be  used 
unless  in  a  perfectly  dry  place,  in  a  place  perfectly  open  for  inspection 
at  any  time.  They  must  be  of  glass,  porcelain  or  some  non-combustible 
material,  and  have  a  backing  provided  of  same  at  least  three-eighths 
of  an  inch  in  thickness. 


Eevised  Oedinances  of  the  City  of  Austin.  369 

Sec.  40.  Wiring  not  encased  in  approved  conduits,  must  be  so  ar- 
ranged that  wires  of  opposite  polarity,  with  a  difference  of  potential 
of  150  volts  or  less,  will  be  kept  apart  at  least  two  and  one-half  inches, 
and  must  have  the  same  distance  increased  proportionately  where  a 
higher  voltage  is  used,  unless  they  are  encased  in  an  approved  conduit. 

Sec.  -±1.  Wires  must  not  be  laid  in  plaster,  cement  or  similar  finish, 
except  when  the  walls  or  ceilings  are  of  fire-proof  material,  brick  or 
tile.  ISTo  joint  will  be  allowed  under  plaster.  Metal  staples  must  never 
be  used  to  fasten  conductors. 

Sec.  42.  In  unfinished  lofts,  between  floors  and  ceilings,  in  partitions 
and  other  concealed  places,-  wires  must  have  at  least  oue-half  inch  clear 
air  space  surrounding  them,  and  where  wires  pass  throvigh  joists,  beams, 
etc.,  they  must  conform  to  Section  34.  They  must  be  at  least  six 
inches  apart  when  possible,  and  should  be  run  singly  on  separate  tim- 
bers or  studding. 

Sec.  43.  Wires  run  as  above  immediately  under  roofs  in  proximity 
to  water  tanks  or  pipes  will  be  considered  as  exposed  to  moisture. 

Sec.  44.  Wires  must  not  be  fished  for  any  great  distance,  and  only 
in  places  where  the  inspector  can  satisfy  himself  that  the  above  rules 
have  been  complied  with.  Twin  wires  must  never  be  employed  in  this 
class  of  concealed  work. 

Special  Wiring. 

Sec.  45.  In  breweries,  packing  houses,  stables,  dye  houses,  paper 
or  pulp  mills,  or  other  buildings  specially  liable  to  moisture  or  acid, 
or  other  fumes  liable  to  injure  the  wires  or  insulation,  except  where 
used  for  pendants,  conductors  must  be  separated  at  least  six  inches. 
Must  be  provided  with  an  approved  waterproof  covering  and  must  be 
carefully  put  up. 

Sec.  46.  Conductors  must  be  supported  by  glass  or  porcelain  insu- 
lators. No  switches  or  fusible  cut-outs  will  be  allowed  where  exposed 
to  inflammable  gases  or  dust  to  flyings  or  combustible  materials,  they 
must  be  protected  when  passing  through  walls,  partitions,  floors,  timbers, 
etc.,  by  waterproof,  non-combustible  insulating  tubes,  such  as  glass  or 
porcelain. 

.  Sec.  47.  The  wires  in  passing  through  floors  must  be  protected  to  a 
height  of  eight  *feet  by  a  box  so  constructed  as  to  allow  an  air  space 
around  the  wire,  the  joint  between  the  box  and  floor  to  be  made  water- 
proof by  a  quarter  round  moulding  laid  in  tar.  Where  this  construction 
is  followed  wires  may  be  run  through  floor  without  insulating  tubes, 
provided  a  similar  air  space  be  maintained. 


270  Eevised  Ordinances  of  the  City  of  Austin. 

Interior  Conduits. 

Sec.  48.  Must  be  continuous  from  one  junction  box  to  another,  or 
to  fixtures,  and  must  be  of  material  that  will  resist  the  fusion  of  the 
wire  or  wires  they  contain,  without  igniting  the  conduit;  must  not  be 
of  such  material  or  construction  that  the  insulation  of  the  conductor 
will  be  ultimately  injured  or  destroyed  by  the  elements  of  the  compo- 
sition; must  be  first  installed  as  a  complete  conduit  system,  without 
conductors,  strings  or  anything  for  the  purpose  of  drawing  in  the  con- 
ductors and  the  conductors  then  to  be  pushed  or  fished  in.  The  con- 
ductors must  not  be  placed  in  position  until  all  mechanical  work  on  the 
building  has  been,  as  far  as  possible,  completed ;  must  not  be  so  placed  as 
to  be  subject  to  mechanical  injury  by  saws,  chisels  or  nails;  must  not  be 
supplied  with  a  twin  conductor,  or  two  separate  conductors  in  a  single 
tube  where  a  current  of  more  than  seven  amperes  is  expected ;  must  have 
all  ends  enclosed  with  a  good  adhesive  material,  either  at  junction  boxes 
or  elsewhere,  whether  such  ends  are  concealed  or  exposed.  Joints  must  be 
made  airtight  and  moisture  proof. 

Conduits  must  extend  at  least  one  inch  beyond  the  finished  surface 
of  walls  or  ceilings  until  the  mortar  or  similar  material  be  entirely  dry, 
when  the  projection  may  be  reduced  to  one-half  an  inch. 

Double-Pole  Safety  Cut-outs. 

Sec.  49.  Must  be  in  plain  sight  or  enclosed  in  an  approved  box 
readily  accessible;  must  be  placed  at  every  point  where  a  change  is 
made  of  the  size  of  the  wire  (unless  the  cut-out  in  the  larger  wire  will 
protect  the  smaller) ;  must  be  supported  on  bases  of  non-combustible, 
insulating,  moisture-proof  material;  must  be  supplied  with  a  plug  or 
other  device  for  enclosing  the  fusible  strip  or  wire,  made  of  non-com- 
bustible and  moisture-proof  material,  and  constructed  that  an  arc  can  not 
be  maintained  across  its  terminals  by  the  fusing  of  the  metal;  must 
be  so  placed  that  no  group  of  lamps  requiring  current  of  more  than 
five  amperes  shall  be  ultimately  dependent  upon  one  cut-out.  Special 
permission  may  be  given  for  departure  from  the  above.  All  cut-out 
blocks  should  be  stamped  with  their  maximum  safe  carrying  capacity 
in  amperes. 

Safety  Fuses. 

See.  50.  Must  all  be  stamped  or  otherwise  marked  with  the  number 
of  amperes  with  which  they  will  fuse;  must  have  fusible  wires  or  strips 
where  the  plug  or  other  equivalent  device  is  not  used,  and  where  over 
five  amperes  of  current  is  carried  with  surfaces  or  tips  of  hardened  metal, 
soldered  or   otherwise,   having  perfect   electrical   connection    with   the 


Ke VISED  Ordinances  of  the  City  of  Austin. 


271 


fusible  parts  of  the  strip ;  must  all  be  so  proportioned  to  the  conductors 
they  are  intended  to  protect  that  they  will  melt  before  the  maximum 
safe-carrying  capacity  is  exceeded. 

Table  of  Capacity  of  Wires. 

Sec.  51.  It  must  be  clearly  understood  that  the  sii;e  of  the  fuse  de- 
pends upon  the  size  of  the  smallest  conductor  it  protects,  and  not  upon 
the  amount  of  current  to  be  used  on  the  circuit.  Below  is  a  table 
showing  the  safe-carrying  capacity  of  conductors  of  difEerent  sizes  in 
Brown  and  Sharp's  gauge,  which  must  be  followed  in  the  placing  in- 
terior conductors. 


Table  A. 

Concealed  Work. 

B.  &  S.  Guage. 

0000 

Amperes. 
218 

Table  B. 

Open  Work. 

Amperes. 

312 

000 

181 

262 

00 

150 

220 

0 

225 

185 

1 

105 

156 

2 

88 

131 

3 

76 

110 

4 

63 

92 

6 

53 

77 

6 

45 

65 

8 

33 

46 

10 

25 

32 

12 

17 

23 

14 

12 

16 

Switches. 

Sec.  52.  Must  be  mounted  on  moisture-proof  and  incombustible 
bases,  such  as  marble,  slate  or  porcelain ;  be  double-pole  when  the  circuits 
which  they  control  are  connected  to  fixtures  attached  to  gas  pipes,  and 
when  a  current  of  six  amperes  are  expected  to  pass  through  them;  have 
a  firm  and  secure  contact;  must  make  and  break  readily,  and  not  stick 
when  motion  is  once  imparted  to  the  handle;  have  a  carrying  capacity 
sufficient  to  prevent  heating  above  the  surrounding  atmosphere;  be 
placed  in  dry  accessible  places,  and  be  grouped,  as  far  as  possible,  being 
mounted,  when  practicable,  upon  slate  or  equally  indestructible  back- 
boards. 

Dynanws  and  Motors. 

Sec.  53.  Must  not  be  placed  in  a  room  where  any  hazardous  process 
is  carried  on,  such  as  the  working  rooms  of  cotton,  oil,  woolen  or  flour 


272  Eevised  Ordinances  of  the  City  of  Austin. 

mill;  must  be  located  in  dry  place  not  exposed  to  flyings  or  combustible 
materials,  and  must  be  insulated  upon  dry,  well-varnished  wood  founda- 
tions, and  kept  thoroughly  clean  and  dry. 

A  competent  man  must  be  kept  in  attendance  where  generators  are 
in  operation. 

In  wiring  for  motive  power,  the  same  precaution  must  be  taken  as 
with  currents  of  the  same  strength  and  potential  for  lighting. 

The  motor  and  resistance  box  must  be  protected  by  a  double-pole 
cut-out  and  controlled  by  a  double-pole  switch. 

All  motors  must  be  protected  by  a  wire  railing  or  some  method  ap- 
proved by  the  inspector. 

Fixtures. 

Sec.  54.  In  all  cases  where  conductors  are  concealed  within  or  at- 
tached to  gas  fixtures  the  latter  must  be  insulated  from  the  gas-pipe 
system  of  the  building. 

When  wired  outside  the  conductors  must  be  so  secured  as  not  to  be 
cut  or  abraided  by  the  pressure  of  the  fastenings  or  motion  of  the 
fixings. 

All  conductors  for  fixtures  must  have  a  waterproof  insulation  that  is 
durable  and  not  easily  abraided,  and  must  not  in  any  case  be  smaller 
than  No.  16  B.  &  S.,  No.  18  B.  W.  G.,  or  No.  3  E.  S.  G. 

All  burrs  and  fins  must  be  removed  before  the  conductors  are  drawn 
into  a  fixture. 

The  tendency  to  condensation  within  the  pipes  must  be  guarded 
against  by  sealing  the  upper  end  of  the  fixture. 

No  combination  fixture  in  which  the  conductors  are  concealed  in  a 
space  less  than  one-fourth  inch  between  the  inside  pipe  and  outside 
casing  will  be  approved. 

Each  fixture  must  be  tested  for  possible  contacts  between  conductors 
and  fixture  and  for  short  circuits  before  the  fixture  is  connected  to  its 
supply  conductors. 

The  ceiling  blocks  of  fixtures  must  be  made  of  insulating  material. 

Electric   Gas  Lighting. 

Sec.  55.  When  electric  gas  lighting  is  to  be  used  on  the  same  fixture 
with  electric  lights  no  part  of  the  gas  piping  or  fixture  shall  be  in 
electrical  connection  with  the  gas  lighting  circuit,  the  wires  used  with 
the  fixture  must  have  a  non-inflammable  insulation,  or,  where  concealed 
between  the  pipes  and  shell  of  the  fixture,  the  insulation  must  be  such 
as  is  required  for  fixture  wiring  for  electric  lights. 

The  whole  installation  must  test  free  from  grounds. 

The  two  installations  must  test  free  of  all  connections  with  each  other. 


Eevised  Ordinances  of  the  City  of  Austin.  273 

Pendants  and  Sockets. 

Sec.  56.  No  portion  of  the  lamp  socket  exposed  to  contact  with  out- 
side objects  must  be  allowed  to  (.-ome  into  electrical  contact  with  either 
of  the  conductors. 

Cord  pendants  must  be  made  of  conductors,  each  of  which  is  composed 
of  several  strands  insulated  from  the  other  conductor  by  a  mechanical 
separator  of  carbonizable  material,  and  both  surrounded  with  a  moisture- 
proof  and  non-inflammable  layer,  protected  by  hard  rubber  insulating 
bushing's  where  the  cord  enters  the  socket,  so  suspended  that  the  entire 
weight  of  the  socket  and  lamp  will  be  borne  by  knots  above  the  point 
where  the  cord  comes  through  the  ceiling  board  or  rosette,  in  order  that 
the  strain  may  be  taken  from  the  Joints  and  binding  screws.  All  sockets 
used  for  wire  or  cord  pendants  should  have  openings  at  least  equal  to 
one-fourth-inch  gas  pipe  size:  allowed  to  sustain  nothing  heavier  than 
a  four-light  cluster,  and  in  such  a  case  special  provision  should  be  made 
by  an  extra  heavy  cord  or  wire  as  a  mechanical  reinforcement ;  equipped 
with  keyless  sockets,  as  far  as  practicable,  controlled  by  wall  switches. 
In  no  case  may  a  lamp  giving  more  than  fifty  candle-power  be  placed 
in  a  key  socket  on  a  flexible  pendant. 

CHAPTER  III. 

electric  railroad  wiring. 

Article  1099.  Section  1.  All  rules  pertaining  to  arc  light  wires 
and  stations  shall  (so  far  as  possible)  apply  to  street  railway  power 
stations  and  feed  wires. 

All  railway  systems  where  the  rails  are  used  for  return  circuits  shall  be 
provided  with  an  approved  automatic  circuit  breaker,  or  other  device, 
that  will  immediately  cut  off  the  current  in  case  the  trolley  wires  become 
grounded.  Said  circuit  breaker  or  controlling  device  shall  be  placed 
in  the  power  station  in  full  view  of  the  attendant,  and  must  be  mounted 
on  fireproof  foundation  or  base. 

All  trolley  wires  shall  be  insulated  from  their  supports,  and  in  case 
the  side  or  double- pole  system  is  used  the  supports  shall  also  be  insulated 
from  the  poles  immediately  outside  of  the  trolley  wire. 

All  wires  in  cars  must  be  insulated  with  an  approved  waterproof  in- 
sulation, and  shall  be  run  neatly  and  out  of  reach  of  the  passengers. 

Lighting  and  power  wires  shall  not  be  permitted  in  the  same  circuit 
with  trolley  wires  with  a  ground  return  except  in  street  railway  car 
houses,  power  stations  and  buildings  used  and  controlled  by  the  street 
railway  company. 


274  Revised  Ordinances  of  the  City  of  Austin. 

Miscellaneous. 

Sec.  2.  All  outside,  overhead  circuits,  leading  from  the  central 
stations,  must  be  supplied  with  approved  lightning  arresters.  Said 
lightning  arresters  must  be  placed  in  the  station  in  plain  sight  on  a 
non-combustible  base.  The  ground  wires  leading  from  them  shall  be  of 
copper  equal  to  a  No.  4  B.  &  S.  gauge,  and  shall  be  fastened  securely 
to  an  approved  ground. 

No  ground  wires  for  lightning  arresters  may  be  attached  to  gas  pipes 
within  the  building. 

Sec.  3.  The  wiring  in  any  building  must  test  free  from  "grounds" 
before  the  current  is  turned  on.  This  test  may  be  made  with  a  magnetic 
bell  that  will  ring  through  a  resistance  of  20,000  ohms  -where  currents 
of  250  volts  or  less  are  used.  All  conductors  connecting  with  telephone, 
district  messenger,  burglar  alarms,  watch^  clock,  electric  time  and  similar 
instruments  must,  if  in  any  portion  of  their  length  they  are  liable  to 
become  crossed  with  circuits  carrying  currents  for  light  or  power,  be 
provided  near  the  point  of  entrance  to  the  building  with  some  protective 
device  which  will  operate  to  shut  the  instrument  in  case  of  a  dangerous 
use  of  potential,  and  will  open  the  circuit  and  arrest  an  abnormal  flow. 

Sec.  4.  Companies  or  individuals  furnishing  incandescent  electric 
light  from  either  central  stations  or  isolated  plants,  must  maintain  at  all 
times  in  their  stations  some  approved  device  to  indicate  instantly  any 
escape  to  earth  which  may  tend  to  develop  leakages  to  water  or  gas  pipes 
or  other  earth  connections  within  buildings. 

Sec.  5.  All  electric  work  must  be  inspected  before  it  is  concealed, 
and  notice  must  be  given  the  Electrical  Engineer,  and  accepted  by  him 
before  any  work  is  covered  or  put  in  use. 

Sec.  6.  All  joints  must  be  soldered,  even  if  made  with  the  Mclntyre 
or  other  patent  splicing  device.    This  applies  to  all  outside  or  inside. 

Sec.  7.  All  aerial  (dead)  wires  must  be  taken  down  from  their 
supports  and  removed  immediately.  This,  applies  to  all  electric  wires 
of  whatever  nature. 

Materials. 

Sec.  8.  The  following  are  given  as  a  list  of  non-combustible,  non- 
absorptive  insulating  material,  and  listed  here  for  the  benefit  of  those 
who  might  consider  hard  rubber,  fibre,  wood  and  the  like  as  fulfilling 
the  above  requirements.  Any  other  substance  which  it  is  claimed  should 
be  accepted,  must  be  approved. 

Thoroughly  vitrified  and  glazed  porcelain. 

Glass,  slate  without  metal  veins,  pure  sheet  mica,  marble  (filled), 
Alberine  stone. 

Sec.  9,     The  following  wires  having  been  accepted  by  the  Under- 


Kevised  Ordinances  of  the  City  of  Austin.  275 

writers'  International  Association,  will  be  accepted  until  further  notice. 
Due  notice  will  be  given  of  additions  or  corrections  to  the  list. 

Americanite,  Bishop,  Canvasite,  Crescent,  Crown,  Clark,  Edison  ma- 
chine, Grimshaw  (white  core),  Habershaw  (red  core),  Kerite,  National 
India  Eubber  Co.  (jST.  I.  E.),  Okonite,  Paranite,  Eaven  core,  Eequa 
(white  core),  safety  insulated  (safety  black  core).  Salamander  (rubber 
covering).  Simplex. 

None  of  the  above  wires  to  be  used  unless  protected  with  a  substantial 
braided  outer  covering. 

CHAPTEE  IV. 

WIRING^  ETC.^   generally. 

Article  1100.  No  person  or  persons  shall  construct,  alter  or  repair 
any  electric  wires  within  the  City  of  Austin,  except  in  conformity  with 
the  provisions  hereof. 

Article  1101.  No  material  shall  hereafter  be  used  in  the  construc- 
tion of  electric  wiring  within  the  City  of  Austin  unless  the  same  shall 
have  previously  been  approved  by  the  Electrical  Engineer  in  accordance 
with  the  regulations  governing  wiring. 

Article  1102.  The  Electrical  Engineer  employed  by  the  City  Coun- 
cil shall  have  general  supervision  of  the  electric  light  and  power  plant, 
and  no  connections  shall  be  made  thereto  except  as  he  shall  direct,  and 
in  accordance  with  the  regulations  governing  wiring,  and  after  written 
application  has  been  regularly  made  and  written  permit  granted,  and 
he  shall  keep  a  record  of  all  permits  issued,  which  shall  be  regularly 
numbered  in  order  of  their  issue.  He  shall,  upon  being  served  with  a 
notice  requiring  him  to  visit  and  inspect  any  building  upon  or  in  which 
work  is  being  done  under  the  provisions  of  this  ordinance  do  so  forth- 
with. 

Article  1103.  He  shall  examine  all  buildings,  or  cause  same  to  be 
examined,  in  which  work  is  being  done  under  the  provisions  of  this  ordi- 
nance as  often  as  practicable,  and  make  a  record  of  all  violations,  if  any, 
of  the  several  provisions  of  this  ordinance,  together  with  the  street  and 
number  where  such  violations  are  found,  the  name  of  the  owner,  lessee, 
occupant,  and  all  other  matters  relative  thereto.  He  shall,  so  far  as 
may  be  necessary  for  the  performance  of  his  duties,  have  the  right  to 
enter  any  building  or  premises,  and  to  examine  and  inspect  such  work 
in  process  of  construction,  and  to  direct  the  supervision  of  any  such 
work  as  shall  not  conform  to  the  requirements  in  this  ordinance  con- 
tained. And  no  person  shall  continue  wiring  of  any  kind  in  the  City  of 
Austin  after  he,  said  Electrical  Engineer,  shall  have  in  writing  directed 
the  suspension  thereof  for  such  reason.  He  shall  not  during  his  em- 
ployment by  the  city  be  employed  or  engaged  directly  or  indirectly  in 


276  Eevised  Okdixaxces  of  the  City  of  Austin. 

any  wiring  business  or  in  any  contract  for  wiring  for  others,  or  for  fur- 
nishing material  for  wiring  for  others.  He  shall  have  charge  of,  in- 
spect and  examine  and  exercise  general  supervision  over  all  electrical 
work  in  the  City  of  Austin. 

Article  1104.  Every  individual,  firm  or  corporation  before  entering 
upon  the  erection,  construction,  alteration  or  change  of  any  electrical 
work  or  wiring  in  the  City  of  Austin,  shall  file  with  the  Electrical  En- 
gineer plans  and  specifications  showing  such  work  or  alterations  and 
shall  obtain  a  written  permit  from  him  for  such  proposed  work  before 
proceeding  therewith.  The  Electrical  Engineer  shall  examine  such 
plans  and  specifications  and  determine  whether  the  work  proposed  con- 
forms to  the  ordinances  and  regulations  governing  wiring  relative 
thereto,  and  is  a  safe  and  proper  construction  or  alteration,  and,  if  so, 
he  shall  grant  a  written  permit  therefor. 

Article  1105.  Any  person  violating  any  of  the  provisions  hereof 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  ten  dollars  nor  more  than  two  hundred  dollars 
for  each  offense. 

Article  1106.  All  wires  carrying  electric  currents  of  100  volts  or 
more  must  be  covered  with  what  is  known  as  weatherproof  covering. 

Article  1107.  Bare  wire  or  any  wire  with  insulating  material  which 
has  become  defective  or  abrased,  shall  at  once  be  taken  down. 

Article  1108.  All  primary  line  wires  shall  not  be  less  than  twenty 
feet  from  the  ground. 

Article  1109.  Xo  wire  of  less  than  No.  8  B.  S.  G.  shall  be  allowed 
to  convey  any  primary  currents. 

Article  1110.  Poles  shall  be  straight,  peeled  and  shaved  and  not 
be  less  than  twenty  feet  out  of  ground,  nor  less  than  six  inches  in 
diameter  at  top. 

Article  1111.  Any  pole  or  wire  deemed  dangerous  or  defective  by 
the  City  Electrician  shall  be  taken  down. 

Article  1112.  Any  person  who  shall  connect  any  electric  wire  within 
the  City  of  Austin  with  any  electric  wire  used  for  the  purpose  of  receiv- 
ing or  supplying  electricity  without  having  first  obtained  the  written 
permit  of  the  Electrical  Engineer  employed  by  the  City  Council,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 


Eevised  Ordinances  of  the  City  of  Austin.  277 


TITLE  XLIII. 


WEIGHTS  AND  MEASURES. 


CHAPTEE  I. 
REGULATION    OF. 

Article  1113.  It  shall  be  unlawful  for  any  dealer  in  coal  or  any 
other  commodity,  to  sell  the  same  by  false  weight  or  measure,  and  any 
person  violating  this  article  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars. 

Article  1114.  It  shall  be  the  duty  of  the  Mayor  to  procure  and 
cause  to  be  safely  kept  a  set  of  standard  weights  and  measures  for  the 
use  of  this  city,  and  he  shall  authorize  and  direct  the  City  Marshal,  or 
any  police  officer,  from  time  to  time,  to  visit  each  and  every  place  of 
business  in  this  city,  and  compare  the  weights  and  measures  therein  used 
with  said  standard  weights  and  measures,  to  see  if  they  are  correct  and 
just;  and  any  person  found  using  any  weights  or  measures  not  corres- 
ponding with  said  standard  weights  and  measures  shall  be  notified  by 
said  officer  to  change  the  same  so  as  to  correspond  therewith;  and  any 
person  or  persons  refusing  or  failing  to  comply  with  such  notice  at 
once,  or  using  such  false  weights  or  measures,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  fined  not  less  than  five  nor 
more  than  one  hundred  dollars. 


APPENDIX. 


A^  OEDINANCE  GRANTING  TO  RAILROAD  COMPANIES  THE 
PRIVILEGE  OF  ERECTING  A  UNION  DEPOT  BUILDING. 


S'ECTiON  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  privilege  is  hereby  granted  for  the  erection  of  a  passenger  union 
depot  building,  on  that  portion  of  Cypress  Street  lying  between  Congress 
Avenue  and  Colorado  Street,  to  the  International  &  Greal  Northern, 
Houston  &  Texas  Central,  and  Austin  &  Northwestern  Railroad  Compa- 
nies, subject  to  the  conditions  hereafter  mentioned :  provided,  that  the 
International  &  Great  Northern  Railway  Company  will  permit  the  Aus- 
tin &  Northwestern  Railway  Company  to  lay  a  third  rail  along  their 
track  from  Congress  Avenue  to  Colorado  Street,  at  the  expense  of  the 
Austin  &  Northwestern  Railway  Company,  after  the  latter  shall  have 
joined  in  the  construction  of  the  depot  building  contemplated  in  this 
ordinance;  and  provided  further,  that  if  either  of  the  railway  companies 
referred  to  shall  refuse  or  neglect  to  join  in  the  construction  of  the 
'depot  building  contemplated  in  this  ordinance,  the  other  two  companies 
are  hereby  authorized  to  construct  said  building,  in  accordance  with  the 
provisions  of  this  ordinance,  which  in  such  case  shall  be  limited  and 
made  applicable  only  to  the  companies  associated  in  the  construction  of 
the  building. 

S'EC.  2.  Said  depot  building  shall  be  constructed  of  stone,  brick,  or 
iron,  or  a  combination  of  these  materials,  and  shall  cost  not  less  than 
fifteen  thousand  dollars,  and  shall  extend  in  length  from  Congress 
Avenue  to  Colorado  Street.  It  is  expressly  provided  that  no  carriages 
or  wagons,  of  any  description,  shall  be  allowed  at  any  time  to  enter  the 
depot  building,  the  gates  or  doors  in  the  ends  of  which  shall  be  kept 
closed  except  when  necessarily  opened  for  the  ingress  and  egress  of  trains 
and  passengers;  and  such  other  regulations  shall  be  observed  as  will  pro- 
mote safety  and  good  order. 

Sec.  3.  Open  space  for  public  use,  of  not  less  than  thirty  feet  in 
width,  shall  be  left  on  each  side  of  said  building,  between  Congress 
Avenue  and  Colorado  Street,  ten  feet  of  which  space  shall  be  separated 
from  the  rest  by  a  strong  railing  for  the  purpose  of  a  sidewalk  only, 
said  railing  to  be  erected  and  kept  in  repair  by  said  railroad  companies, 
who  shall  also  place  and  maintain  in  good  condition  the  passage  way 
herein  referred  to,  as  well  as  the  approaches  to  the  building  on  Congress 
Avenue  and  Colorado  Street. 

Sec.  4.     If  the  denot  building  contemplated  in  this  ordinance  shall 


280  Appendix. 

not  be  in  process  of  construction  within  six  months  from  the  passage  of 
this  ordinance,  then  the  rights  and  privileges  herein  granted  shall  he 
forfeited  and  this  ordinance  shall  no  longer  be  in  force,  and  if,  at  any 
time,  the  railroad  companies  referred  to  shall  refuse  or  fail  to  comply 
with  any  of  the  conditions  named  in  this  ordinance,  such  refusal  or 
failure  shall  operate  as  a  forfeiture  of  this  grant  herein  made. 

Sec.  5.  Whenever  the  railroad  companies  referred  to  in  Section  1, 
shall  signify  their  acceptance  of  the  provisions  of  this  ordinance,  the 
Mayor  is  hereby  authorized  to  enter  into  contract  with  said  railroad  com- 
panies, by  which  that  portion  of  Cypress  Street  hereinbefore  alluded  to 
shall  be  leased  to  said  companies  for  the  purpose  and  on  the  conditions 
mentioned  in  this  ordinance,  for  ninety-nine  years;  provided,  th^it  at 
the  same  time,  a  lease  from  the  railroad  companies  shall  be  executed  to 
the  City  of  Austin,  conveying  for  ninety-nine  years  that  portion  of  the 
ground  of  the  passage  way  before  referred  to,  outside  of  and  adjoining 
Cypress  Street;  and,  provided  further,  that  the  contract  and  lease  shall 
be  submitted  by  the  Mayor  to  the  Citv^  Council  for  their  examination 
and  approval;  provided,  that  any  other  railroad  hereafter  running  in 
the  City  of  Austin  shall  have  the  consent  of  the  city  to  the  privileges 
of  this  grant,  with  the  consent  of  the  railroad  companies  therein  inter- 
ested, on  the  completion  of  said  depot  building;  and,  further  provided, 
that  the  center  of  said  depot  building  shall  be  in  the  center  of  said  street 
running  lengthwise. 

Sec.  6.  All  ordinances  and  parts  of  ordinances  in  conflict  with  this 
ordinance  are  hereby  repealed,  and  this  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

Passed  January  6,  1883. 

Approved  January  10,  1883. 


AUSTIN  CITY  KAILWAY  COMPANY. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Austin:  That  the 
right  is  hereby  granted  to  the  Austin  City  Eailroad  Company  to  propel 
its  cars  along  over  the  lines  of  railway  now  operated  or  hereafter  to  be 
operated  by  it  under  its  charter  and  the  amendments  thereto  and  the 
ordinances  of  the  city  relating  thereto,  by  electricity  or  other  motive 
power,  except  steam,  and  to  construct,  use,  and  maintain  the  necessary 
appliances  and  equipment  therefor. 

Passed  May  6,  1889. 

Approved  MJay  10,  1889. 


Appendix.  281 

AN  ORDINANCE  GRANTING  THE  RIGHT  OF  WAY  WITHIN 

THE  CORPORATE  LIMITS  OF  THE  CITY  OF  AUSTIN 

TO  THE  AUSTIN  CITY  RAILROAD  COMPANY. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Aiistin: 
That  the  privilege  is  hereby  granted  to  the  Austin  City  Railroad  Com- 
pany to  rnn  a  horse  railroad  from  the  depot  of  the  Houston  and  Texas 
Central  Railroad  Company,  in  the  City  of  Austin,  by  and  upon  such 
streets  as  they  may  think  proper,  to  Congress  Avenue,  in  said  city,  thence 
up  paid  avenue  to  the  Capitol  enclosure,  and  thence  by  such  route  as  they 
may  deem  best  to  the  extent  of  the  corporate  limits,  in  a  northerly  direc- 
tion, toward  the  State  Lunatic  Asylum.  And  the  said  company  are 
hereby  authorized  to  run  and  extend  said  horse  railroad  on  any  and  all 
streets  wdthin  the  corporate  limits  of  the  City  of  Austin,  wherever  the 
interest  of  the  public  or  the  interest  of  the  company  may  require  it. 

Sec.  2.  That,  in  constructing  the  roadbed  of  said  horse  railroad  upon 
any  street  within  the  corporate  limits  of  the  City  of  Austin,  the  said 
Austin  City  Railroad  Company  are  to  conform  to  the  grade  of  the 
streets  of  the  City  of  Austin  through  which  they  may  run,  said  grade  to 
be  given  by  the  City  Engineer,  under  the  direction  and  supervision  of 
the  street  committee,  and  in  erecting  and  constructing  any  roadlied  upon 
any  street,  or  crossing  any  street ;  said  work  to  be  done  under  the  super- 
vision of  the  street  committee  of  the  Board  of  Aldermen,  and  all  streets 
and  crossings  to  be  and  remain  in  as  good  condition  after  said  roadbed 
may  be  put  down  as  they  were  before  they  were  erected. 

Sec.  3.  That  the  rate  of  fare  for  passengers  upon  said  railroad  shall 
not,  at  any  time,  exceed  the  sum  of  ten  cents  from  one  point  in  the 
City  of  Austin  to  any  other  point  in  said  city. 

Sec.  4.  That  said  company  is  hereby  required  to  observe  and  abide 
by  all  ordinances  of  the  City  of  Austin  now  in  force,  and  pay  such  taxes 
as  may  be  assessed  hereafter  against  them. 

Sec.  5.  That  the  said  railroad  company  be  and  is  hereby  exempted 
from  all  taxes  to  the  City  of  Austin  for  one  year  from  the  passage  of  this 
ordinance. 

Sec.  6.  That  this  ordinance  take  effect  from  and  after  its  passage, 
and  be  in  force  so  long  as  the  provisions  of  this  ordinance  are  observed. 

Passed  September  7,  1874. 

Approved  September  7,  1874. 


282  Appendix, 

AN  ORDINANCE  GRANTING  THE  RIGHT  OF  WAY  TO  THE 

HOUSTON  &  TEXAS  CENTRAL  RAILWAY  COMPANY 

THROUGH  THE  CITY  OF  AUSTIN. 


S'ECTION  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  right  of  way  to  the  Houston  &  Texas  Central  Railway  Company 
be,  and  is  hereby,  granted  through  and  across  any  streets  in  the  City  of 
Austin,  except  Congress  Avenue  and  Pecan  Street,  and  also  except  such 
other  streets  as  are  now  occupied  by  other  railroads,  and  said  Houston 
&  Texas  Central  Railway  Company  shall  have  the  right  to  cross  said 
excepted  streets  whenever  necessary;  provided,  it  shall  not  cross  Congress 
Avenue  above  Cedar  Street;  and  shall  have  the  right  of  way  over  streets 
now  or  hereafter  occupied  by  other  railroads,  by  obtaining  the  consent 
of  the  company  occupying  the  same;  and  further  provided,  that  said 
Houston  &  Texas  Central  Railway  Company  shall  select  and  indicate 
the  streets  it  shall  occupy  with  its  tracks,  and  the  crossings  of  those 
streets  it  may  cross,  within  one  year  from  the  passage  of  this  ordinance. 

Sec.  2.  Said  Houston  &  Texas  Central  Railway  Company  shall  have 
the  right  to  build,  own  and  occupy  railroad  bridges  across  Waller  and 
Shoal  creeks  at  any  point  or  crossings  which  said  company  may  select, 
on  the  line  of  projection  authorized  by  the  first  section  of  this  ordinance, 
whether  in  a  street  or  to  and  from  its  own  property,  for  its  own  occupa- 
tion and  use.  Should  said  railway  company  avail  itself  of  this  grant  of 
right  of  way,  it  shall  construct  and  keep  in  good  repair  all  necessary 
ditches,  drains,  culverts  and  street  crossings;  and  the  city  reserves  the 
right  to  control  the  speed  of  locomotives  and  cars  within  the  city  limits, 
and  under  the  limitations  prescribed  by  the  laws  of  the  State  of  Texas. 

Sec.  3.  The  said  City  of  Austin  shall  not  be  held  responsible  for  any 
injury  done  to,  or  for  the  taking  of  any  property  not  belonging  to  the 
said  City  of  Austin  for  the  use  and  benefit  of  said  Houston  &  Texas  Cen- 
tral Railway  Company. 

Sec.  4.  That  this  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  February  15,  1877. 


AN  ORDINANCE  AMENDING  ARTICLES  487  (1),  488  (2),  AND 

489  (3),  OF  THE  REVISED  ORDINANCES  OF 

THE  CITY  OF  AUSTIN. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  Articles  487  (1),  488  (2)  and  489  (3),  of  the  revised  ordinances 
of  the  City  of  Austin,  passed  February  15,  1877,  and  which  read  as 
follows,  towit: 


Appendix.  283 

"houston  and  texas  central  railroad. 

"Article  487.  (1)  The  right  of  way  to  the  Houston  &  Texas 
Central  Eailway  Company  be,  and  is  hereby  granted  through  and  across 
any  streets  in  the  City  of  Austin,  except  Congress  Avenue  and  Pecan 
Street,  and  also  except  such  other  streets  as  are  now  occupied  by  other 
railroads,  and  said  Houston  &  Texas  Central  Railway  Company  shall 
have  the  right  to  cross  said  excepted  streets  whenever  necessary;  pro- 
vided, it  shall  not  cross  Congress  Avenue  above  Cedar  Street,  and  shall 
have  the  right  of  way  over  streets  now  or  hereafter  occupied  by  other 
railroads  by  obtaining  the  consent  of  the  company  occupying  the  same; 
and  further  provided,  that  said  Houston  &  Texas  Central  Eailway 
Company  shall  select  and  indicate  the  streets  it  is  to  occupy  with  its 
tracks,  and  the  crossings  of  those  streets  it  may  cross,  within  one  year 
from  the  passage  of  this  ordinance. 

"Article  488.  (2)  Said  Houston  &  Texas  Central  Eailway  Com- 
pany shall  have  the  right  to  build,  own  and  occupy  railroad  bridges 
across  Waller  and  Shoal  Creeks,  at  any  points  or  crossings  which  said 
company  may  select,  on  the  line  of  projection  authorized  by  the  first 
section  of  this  ordinance,  whether  in  a  street,  or  to  and  from  its  own 
property,  for  its  own  occupation  and  use.  Should  said  railway  com- 
pany avail  itself  of  this  grant  of  right  of  way,  it  shall  construct  and 
keep  in  repair  all  necessary  ditches,  drains,  culverts  and  street  crossings ; 
and  the  city  reserves  the  right  to  control  the  speed  of  locomotives  and 
cars  within  the  city  limits,  and  under  the  limitations  prescribed  by  the 
laws  of  the  State  of  Texas. 

"Article  489.  (3)  The  said  City  of  Austin  shall  not  be  held 
responsible  for  any  injury  done  to,  or  for  the  taking  of,  any  property 
not  belonging  to  the  said  City  of  Austin  for  the  use  and  benefit  of  said 
Houston  &  Texas  Central  Eailway  Company,"  be,  and  the  same  is 
hereby  so  amended  as  to  read  hereafter  as  follows,  towit : 

'^HOUSTON   AND  TEXAS   CENTRAL  RAILROAD. 

"Article  487.  (1)  That  the  right  of  way  to  fhe  Houston  &  Texas 
Central  Eailway  Company  be  and  is  hereby  granted  through  and  across 
any  streets  in  the  City  of  Austin,  except  Congress  Avenue  and  Pecan 
Street,  and  also  except  such  other  streets  as  are  now  occupied  by  other 
railroads ;  and  said  Houston  &  Texas  Central  Eailway  Company  shall 
have  the  right  to  cross  said  excepted  streets  whenever  necessary;  pro- 
vided, it  shall  not  cross  Congress  Avenue  above  Cedar  Street,  and  shall 
have  the  right  of  way  over  streets  now  or  hereafter  occupied  by  other 
railroads  by  obtaining  the  consent  of  the  company  occupying  the  same; 
and  further  provided,  that  said  Houston  &  Texas  Central  Eailway  Com- 


284  Appendix, 

pany  shall  select  and  indicate  the  streets  it  shall  occupy  with  its  tracks, 
and  the  crossings  of  those  streets  it  may  cross,  within  one  year  from 
the  passage  of  this  ordinance. 

"Article  488.  (2)  That  said  Houston  &  Texas  Central  Railway 
Company  shall  have  the  right  to  build,  own  and  occupy  railroad  bridges 
across  Waller  and  Shoal  Creeks,  at  any  points  or  crossings  which  said 
company  may  select,  on  the  line  of  projection  authorized  by  the  first 
article  of  this  chapter,  whether  in  a  street  or  to  and  from  its  own  prop- 
erty, for  its  own  occupation  and  use.  Should  said  railway  company 
avail  itself  of  this  grant  of  right  of  way,  it  shall  construct  and  keep  in 
good  repair  all  necessary  ditches,  drains,  culverts  and  street  crossings: 
and  the  said  City  of  Austin  reserves  the  right  to  control  the  speed  of 
locomotives  and  cars  within  the  city  limits,  and  under  the  limitations 
prescribed  by  the  laws  of  the  State  of  Texas. 

"Article  489.  (3)  That  the  said  City  of  Austin  shall  not  be  held 
responsible  for  any  injury  done  to  or  for  the  taking  of  any  property 
not  belonging  to  the  said  City  of  Austin  for  the  use  and  benefit  of 
said  Houston  &  Texas  Central  Eailway  Company;  and  that  said  Hous- 
ton &  Texas  Central  Eailway  Company  shall  make  good  crossings  for 
all  streets,  and  at  the  crossing  of  Congress  Avenue  the  track  shall  be 
sunk  to  a  level  with  crown  of  said  avenue,  planking  same  so  as  to  make 
it  convenient  to  cross  at  all  points;  and  the  said  railway  company  shall 
not  switch  across  Congress  Avenue  for  the  purpose  of  making  up  trains ; 
and  should  said  company  move  Waller  Creek  bridge,  it  shall  be  to  the 
north  line  of  the  street,  and  the  railroad  bridge  shall  be  built  out  to 
the  south  line  of  that  street,  making  independent  crossings  for  the  rail- 
road and  the  public;  and  provided,  also,  that  the  said  company  shall 
not  be  authorized  to  construct  or  maintain  more  than  one  track  on  the 
street  designated  by  virtue  of  this  ordinance,  between  the  west  side  of 
Waller  Creek  and  the  west  side  of  Congress  Avenue;  and  should  the 
said  railway  company  avail  itself  of  the  right  of  way,  granted  by  virtue 
of  this  ordinance,  it  shall,  upon  its  abandonment  of  the  track  now  laid 
on  Pine  Street,  remove  the  same,  and  grade  the  bank  on  said  street 
so  as  to  make  it  convenient  for  travel ;  and  provided  further,  that  said 
railway  company  shall  not  have  the  right  of  way  as  set  forth  in  this 
ordinance,  except  under  the  following  conditions,  towit:  That  a  board 
of  arbitrators,  consisting  of  four  persons,  two  of  which  are  to  be  chosen 
by  said  Houston  &  Texas  Central  Railway  Company  and  two  by  the 
City  Council  of  the  City  of  Austin,  who  sliall  be  citizens  and  taxpayers 
of  and  in  said  city,  which  four  shall  clioose  a  third  person  to  act  as 
referee,  whose  duty,  combined,  shall  be  to  assess  the  value  of  the  dam- 
ages  to  the  property   fronting  on   the  streets  from   Waller   Creek   to 


Appendix.  285 

Congress  Avenue,  through  which  said  railroad  shall  pass,  and  such 
assessment  shall  be  final  and  binding  on  the  said  railway  company  to 
pay  the  owners  of  said  property." 

Passed  January  15,  1881, 

Approved  January  17,  1881. 


AN  ORDINANCE  GRANTING  THE  RIGHT  OF  WAY  TO  THE 
AUSTIN  AND  NORTHWESTERN  RAILROAD  COMPANY. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  AiLstin: 
That  the  right  of  way  is  hereby  granted  to  the  Austin  &  Northwestern 
Railroad  Company  across  Navasota  Street,  through  Pine,  to  and  across 
East  Avenue;  thence  through  Cedar  Street  to  Red  River  Street;  thence 
to  and  through  Cypress  Street,  and  across  Congress  Avenue,  to  con- 
nect with  the  International  &  Great  Northern  Railroad. 

Sec.  2.  That  said  Austin  &  Northwestern  Railroad  Company  shall 
have  the  right  to  build,  own  and  occupy  railroad  bridge  across  Waller 
Creek,  along  the  line  of  projection  authorized  by  the  first  section  of  this 
ordinance,  whether  in  the  street  or  to  and  from  its  own  property,  for  its 
own  use  and  benefit.  Should  said  railroad  company  avail  itself  of  this 
right  of  way,  it  shall  construct  and  keep  in  good  repair  all  necessary 
ditches,  drains,  culverts  and  street  crossings,  and  at  the  crossing  of 
Congress  Avenue  the  track  shall  be  sunk  to  a  level  with  crown  of  said 
avenue,  planking  same  so  as  to  make  a  smooth,  convenient  and  easy 
crossing  at  all  points;  and  said  company  shall  not  switch  across  Con- 
gress Avenue  for  the  purpose  of  making  up  trains;  and  provided 
further,  that  said  railroad  company  shall  not  be  authorized  to  construct 
or  maintain  more  than  one  track  on  the  streets  designated  by  this  ordi- 
nance between  the  west  side  of  Waller  Creek  and  the  west  side  of  Con- 
gress Avenue. 

Sec.  3.  That  the  City  of  Austin  reserves  the  right  to  control  the 
speed  of  locomotives  and  cajs  within  the  city  limits,  and  under  the 
limitations  prescribed  by  the  laws  of  the  State  of  Texas. 

Sec.  4.  That  the  said  City  of  Austin  shall  not  be  held  responsible 
for  any  injury  done  to,  or  for  the  taking  of,  any  property  not  belonging 
to  the  City  of  Austin,  for  the  use  and  benefit  of  said  Austin  &  North- 
western Railroad  Company, 

Sec.  5.  That  should  any  other  railroad  lay  a  track  across  or  along  any 
of  the  streets  designated  in  this  ordinance  before  said  Austin  &  North- 
western Railroad  shall  avail  itself  of  the  benefits  of  this  grant,  then 
said  Austin  &  Northwestern  Railroad  Company  shall,  with  the  consent 
of  said  other  railroad,  lay  a  third  rail  along  their  track  and  not  have 


2.86  Appendix. 

the  right  to  put  down  a  separate  and  independent  track,  as  contem- 
plated in  Sections  1  and  2  of  this  ordinance. 

Sec.  6.  That  the  top  of  the  rails  from  the  crossing  of  Waller  Creek 
to  Congress  Avenue,  shall  conform  to  and  be  sunk  to  the  grade  of  the 
streets,  and  that  the  crossings  on  the  streets  shall  be  put  in  such  condition 
as  provided  for  in  the  crossing  of  Congress  Avenue. 

Passed  October  3,  1881. 

Approved  October  4,  1881. 


AN  ORDINANCE  GRANTING  THE  RIGHT  OF  WAY  TO  THE 
HOUSTON  &  TEXAS  CENTRAL  RAILWAY  COMPANY,  AND 
TO  REPEAL  AN  ORDINANCE  ENTITLED  "AN  ORDINANCE 
AMENDING  ARTICLES  487  (1),  488  (3),  489  (3),  OF  THE 
REVISED  ORDINANCES  OF  THE  CITY  OF  AUSTIN,  AP- 
PROVED JANUARY  17,  1881. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  right  of  way  to  the  Houston  &  Texas  Central  Railway  Company 
be  and  is  hereby  granted  across  East  Avenue  to  Cedar  Street,  and  along 
Cedar  Street  to  Red  River  Street,  and  across  Red  River  Street  to  Cypress 
Street,  and  along  Cypress  Street  to  a  connection  with  the  International 
&  Great  Northern  Railway  Company. 

Sec.  2.  That  the  Houston  &  Texas  Central  Railway  Company  shall 
have  the  right  to  build,  own  and  occupy  railroad  bridges  across  Waller 
and  Shoal  Creeks,  at  any  points  or  crossings  that  said  company  shall 
select,  on  the  line  of  projection  authorized  by  the  first  section  of  this 
ordinance,  whether  in  a  street,  or  to  and  from  its  own  property,  for  its 
own  occupation  and  use.  Should  said  railway  company  avail  itself  of 
this  grant  of  right  of  way,  it  shall  construct  and  keep  in  good  repair 
all  necessary  ditches,  drains,  culverts,  and  street  crossings,  and  the  sai  1 
City  of  Austin  reserves  the  right  to  control  the  speed  of  locomotives 
and  cars  within  the  city  limits  and  under  .the  limitations  prescribed  by 
the  laws  of  the  State  of  Texas;  and  that  the  making  up  of  trains,  switch- 
ing and  stopping  of  cars,  between  East  Avenue  and  Congress  Avenue 
and  across  Congress  Avenue,  are  hereby  prohibited,  and  that  there  shall 
be  only  one  track  laid  down  and  operated  between  East  Avenue  and 
Congress  Avenue,  and  that  should  said  railway  company  move  Waller 
Creek  bridge,  it  shall  be  moved  to  the  north  line  of  the  street,  and 
the  railroad  bridge  shall  be  built  out  to  the  south  line  of  that  street, 
making  independent  crossings  for  the  railroad  and  the  public;  which 


Appendix.  387 

said  bridge  and  embankments  shall  be  built  at  the  expense  of  said  rail- 
way company. 

Sec.  3.  Provided,  that  should  the  said  railway  company  avail  itself 
of  this  grant  of  right  of  way,  it  shall  first  file  with  the  Mayor  of  the 
City  of  Austin  an  obligation,  signed  by  the  proper  officers  of  said  com- 
pany, binding  itself  to  lay  its  track  from  the  intersection  of  Cypress 
Street  to  Congress  Avenue,  and  across  Congress  Avenue,  so  that  there 
shall  be  a  safe  and  easy  crossing  for  all  vehicles  at  any  and  all  points 
along  and  across  said  street,  and  further  binding  the  said  company  to  take 
up  and  remove,  within  twelve  months  after  the  occupancy  under  the 
right  of  way  granted  by  this  ordinance,  its  track  along  Pine  Street,  west 
of  East  Avenue,  and  to  grade  said  street  west  of  East  Avenue  to  the  satis- 
faction of  the  City  Council  of  said  city. 

Sec.  4.  The  work  to  be  done  by  said  railway  company  under  the 
provisions  of  this  ordinance  shall  be  subject  to  the  supervision  and 
approval  of  the  city  engineer  and  City  Council  of  the  City  of  Austin, 
as  the  work  progresses. 

Sec.  5.  Be  it  further  ordained,  That  an  ordinance  entitled  "An 
ordinance  amending  Articles  487  (1),  488  (2),  and  489  (3),  of  the  Re- 
vised ordinances  of  the  City  of  Austin,"  approved  January  17,  1881,  be 
and  the  same  is  hereby  repealed. 

Passed  October  3,  1881. 

Approved  October  4,  1881. 


AN  ORDINANCE  GRANTING  THE  RIGHT  OF  WAY  TO  THE 
AUSTIN  &  NORTHWESTERN  RAILROAD  COMPANY. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  right  of  way  is  hereby  granted  to  the  Austin  &  Northwestern 
Railroad  Company  across  Navasota  Street,  thence  to  and  through  Cedar 
Street,  to  and  across  Red  River  Street;  thence  to  and  through  Cypress 
Street,  and  across  Congress  Avenue,  to  connect  with  the  International 
&  Great  Northern  Railroad  Company. 

Sec.  2.  That  the  right  of  way  through  and  along  Cedar  Street,  east 
of  East  Avenue,  shall  be,  and  is  hereby  restricted  to  a  distance  not  to 
exceed  fifteen  feet  from  the  north  side  of  said  Cedar  Street,  to  the  outer 
rail  of  the  track  of  said  Austin  &  Northwestern  Railroad  Company. 

Sec.  3.  That  so  much  of  Medina,  Concho  and  San  Marcos  Streets  as 
extends  from  the  north  side  of  Cedar  Street  one  hundred  feet  in  a 
northerly  direction,  be  and  the  same  is  hereby  declared  to  be  vacated, 
and  said  streets  for  the  distance  aforesaid  are  divested  of  their  character 
and  condition  as  public  streets  and  thoroughfares  of  the  City  of  Austin, 


388  Appendix. 

Texas,  and  the  same  said  distance  of  one  hundred  feet  as  aforesaid  is 
declared  to  be  appropriated  to  the  sole  and  exclusive  use  and  enjoyment 
of  the  Austin  &  Northwestern  Eailroad  Company,  its  successors  or  as- 
signs, for  the  purpose  of  erection  of  depot  houses,  tracks  and  side  tracks 
and  switches  thereon,  with  the  obligation  of  reinvesture  in  the  said  City 
of  Austin,  as  streets  and  thoroughfares,  when  the  same  shall  cease  to 
be  used  and  enjoyed  by  the  said  Austin  &  Northwestern  Railroad  Com- 
pany, its  successors  and  assigns,  for  the  purpose  hereinbefore  recited. 

Sec.  4.  That  the  top  of  the  rails  along  Cedar  Street,  east  of  East 
Avenue,  shall  conform  and  be  sunk  to  the  grade  of  the  street,  and  that 
the  crossings  on  said  street  shall  be  put  in  the  same  condition  as  is  pro- 
vided for  the  crossings  upon  Congress  Avenue. 

Sec.  5.  That  said  Austin  &  Northwestern  Railroad  Company  shall 
have  the  right  to  build,  own  and  occupy  a  railroad  bridge  across  Wal- 
ler Creek,  along  the  line  of  projection  authorized  by  the  first  section  of 
this  ordinance,  whether  in  the  street,  or  to  and  from  its  own  property, 
for  its  own  use  and  benefit.  Should  said  railroad  company  avail  itself 
of  this  right  of  way,  it  shall  construct  and  keep  in  good  repair  all 
necessary  ditches,  drains,  culverts,  and  street  crossings,  and  at  the 
crossing  of  Congress  Avenue,  the  track  shall  be  sunk  to  a  level  with 
crown  of  said  avenue,  planking  s^me  so  as  to  make  a  smooth,  convenient 
and  easy  crossing  at  all  points;  and  said  company  shall  not  switch  across 
Congress  Avenue  for  the  purpose  of  making  up  trains;  and  provided 
further,  that  said  railroad  company  shall  not  be  authorized  to  construct 
or  maintain  more  than  one  track  on  the  streets  designated  by  this  ordi- 
nance between  the  west  side  of  Waller  Creek  and  the  west  side  of  Con- 
gress Avenue. 

Sec.  6.  That  said  City  of  Austin  reserves  the  right  to  control  the 
speed  of  locomotives  and  cars  within  the  city  limits  and  under  the  limi- 
tations prescribed  by  the  laws  of  the  State  of  Texas. 

Sec.  7.  That  the  City  of  Austin  shall  not  be  held  responsible  for 
any  injury  done  to,  or  for  the  taking  of  any  property  not  belonging  to 
the  City  of  Austin  for  the  use  and  benefit  of  said  Austin  &  North- 
western Railroad  Company. 

Sec.  8.  That  should  any  other  railroad  lay  a  track  across  or  along 
any  of  the  streets  designated  in  this  ordinance,  before  said  Austin  & 
Northwestern  Railroad  Company  shall  avail  itself  of  the  benefits  of 
this  grant,  then  said  Austin  &  Northwestern  Railroad  Company  shall, 
with  the  consent  of  said  other  railroad,  lay  a  third  rail  along  their 
track,  and  not  have  the  i^ght  to  put  down  a  separate  and  independent 
track  as  contemplated  in  Sections  1  and  8  of  this  ordinance. 

Sec.  ,9.     That  the  top  of  the  rails  from  the  crossing  of  Waller  Creek 


Appendix.  289 

to  Congress  Avenue  shall  conform  to  and  be  sunk  to  the  grade  of  the 
streets,  and  that  the  crossings  on  the  streets  shall  be  put  in  such  con- 
dition as  provided  for  in  the  crossing  of  Congress  Avenue;  and  provided 
further,  that  if  the  said  railroad  company  refuse  or  neglect  to  comply 
with  any  of  the  requirements  of  this  ordinance,  that  it  operates  as  a 
forfeiture  of  the  right  of  way. 

Sec.  10.  That  all  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  be  and  the  same  are  hereby  repealed. 

Passed  November  25,  1881. 

Approved  Kovember  26,  1881. 


AN  ORDINANCE  AMENDING  ARTICLE  479   (1)   OF  THE  RE- 
VISED ORDINANCES  OF  THE  CITY  OF  AUSTIN,  PASSED 
SEPTEMBER    7,    1879,    GRANTING    PRIVILEGES 
TO  THE  AUSTIN  CITY  RAILWAY  COMPANY. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  Article  479  (1)  of  the  Revised  Ordinances  of  the  City  of  Austin 
be  amended  so  as  to  read  as  follows,  viz. : 

"(1)  The  privilege  is  hereby  granted  to  the  Austin  City  Railroad 
to  run  a  horse  railroad  from  the  depot  of  the  Houston  &  Texas  Central 
Railroad  Company,  in  the  City  of  Austin,  by  and  upon  such  streets  as 
they  may  think  proper,  to  Congress  Avenue  in  said  city;  thence  up  said 
avenue  to  the  capitol  enclosure,  and  thence  by  said  route  as  they  may 
deem  best  to  the  extent  of  the  corporate  limits,  in  a  northerly  direction, 
towards  the  State  Lunatic  Asylum ;  and  the  said  company  is  hereby 
authorized  to  run  and  extend  said  horse  railroad  on  any  and  all  streets 
within  the  corporate  limits  of  the  City  of  Austin,  except  Live  Oak 
Street,  wherever  the  interest  of  the  company  or  the  interest  of  the  public 
may  require  it. 

Passed  March  17,  1884. 

Approved  March  24,  1884. 


AN  ORDINANCE  GRANTING  THE  RIGHT  OF  WAY  TO  THE 

HOUSTON  &  TEXAS  CENTRAL  Rx\ILROAD  COMPANY 

TO  LAY  CERTAIN  SIDE  TRACKS  IN  THE 

CITY  OF  AUSTIN. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  Houston  &  Texas  Central  Railroad  Company  be,  and  it  is 
hereby  granted  the  right  of  way  and  privilege  of  constructing,  main- 


290  Appendix. 

taining  and  operating  two  side  tracks,  upon,  over  and  along  Cypress  or 
Third  Street  east  of  Congress  Avenue  and  upon,  over  and  along  Brazos 
Street  and  upon,  over  and  along  the  alley  in  Block  Number  Thirty  (30). 
The  said  side  tracks  to  project  from  the  main  line  of  said  CompanVs 
track  in  Cypress  or  Third  Street,  at  a  point  or  points  west  of  San  Ja- 
cinto Street,  and  to  be  constructed  along  and  across  the  streets  and 
alleys  above  named  to,  along  the  lines  of,  and  upon  Block  Number  Thirty 
(30)  at  the  corner  of  Congress  Avenue  and  Cypress  or  Third  Street  in 
said  City  of  Austin. 

Sec.  2.  That  should  said  Railroad  Company  avail  itself  of  this  grant, 
it  shall  construct  and  keep  in  good  repair,  all  necessary  ditches,  drains, 
culverts  and  street  crossings  thereon;  its  tracks  shall  be  laid  in  such 
grade  lines  as  are  practicable,  and  upon  such  grades  as  shall  be  estab- 
lished by  the  City  and  furnished  by  the  City  Engineer,  or  other  engineer 
appointed  by  the  City  for  that  purpose;  and  the  City  reserves  the  right 
to  change  the  grades  thereof,  if  deemed  necessary,  and  in  event  of  such 
changes,  said  company  shall  make  its  roadbed  conform  to  such  change 
free  of  expense  to  the  City.  Said  company  shall  cause  its  tracks  to  be 
at  all  times  so  laid  and  kept  as  to  offer  no  obstruction  at  any  time  to 
easy  passage  of  vehicles  at  such  places  as  it  may  be  lawful  for  them  to 
pass. 

Sec.  3.  That  the  said  City  of  Austin  shall  not  be  held  responsible 
for  any  injury  done  to,  or  for  the  taking  of  any  property  not  belonging 
to  the  said  City  of  Austin  for  the  use  and  benefit  of  said  Houston  & 
Texas  Central  Railroad  Company. 

Sec.  4.     That  this  ordinance  be  in  force  from  and  after  its  passage. 

I,  Jno.  0.  Johnson,  City  Clerk  of  the  City  of  Austin,  Texas,  do  hereby 

certify  that  the  above  and  foregoing  ordinance  was  passed  by  the  City 

Council  at  a  regular  meeting  of  said  Council,  held  on  the  18th  day  of 

April,  A.  D.  1898,  and  that  said  ordinance  was  placed  in  the  City  Clerk's 

office  immediately  after  its  passage  on  said  18th  day  of  April,  A.  D.  1898, 

but  the  Mayor  of  said  City  failed  to  approve,  or  signify  his  disapproval 

thereof,  for  a  longer  period  than  ten   days  after  said  ordinance  was 

placed  in  the  City  Clerk's  office. 

(Signed)  Jxo.  0.  Johnson, 

City  Clerk. 
Austin,  Texas,  April  29,  1898. 


HOUSTON  &  TEXAS  CENTRAI^AMENDING  ARTICLES 
487,  488,  489,  RAILWAY  ORDINANCE. 


That  the  Houston  &  Texas  Central  Railway  Company  shall  have  the 
right  to  build,  own  and  occupy  railroad  bridges  across  Waller  and  Shoal 


Appendix,  291 

Creeks  at  any  place  or  crossing  that  said  company  shall  select,  on  the 
line  of  projection  authorized  by  the  first  section  of  this  ordinance, 
whether  in  a  street,  or  to  and  from  its  own  property,  for  its  own  occu- 
pation and  use. 

Should  said  railway  company  avail  itself  of  this  grant  of  right  of  way, 
it  shall  construct  and  keep  in  good  repair  all  necessary  ditches^  drains, 
culverts  and  street  crossings,  and  the  said  City  of  Austin  reserves  the 
right  to  control  the  speed  of  locomotives  and  cars  within  the  city  limits 
and  under  the  limitations  prescribed  bv  the  laws  of  the  State  of  Texas ; 
and  that  the  making  up  of  trains,  switching  and  stopping  of  cars  between 
East  Avenue  and  Congress  Avenue  and  across  Congress  Avenue  are 
hereby  prohibited,  provided  that  the  said  railway  company  shall  have  the 
right,  with  the  consent  of  the  owner,  to  switch  and  haul  cars  to,  on  and 
from  any  property  situated  between  East  Avenue  and  Congress  Avenue. 
There  shall  be  only  one  track  laid  down  and  operated  between  East  Ave- 
nue and  Congress  Avenue,  and  that  should  said  railroad  company  move 
Waller  Creek  bridge,  it  shall  be  moved  to  the  north  line  of  the  street, 
and  the  railroad  bridge  shall  be  built  out  to  the  south  line  of  the  street, 
making  independent  crossings  for  the  railroad  and  the  public,  which 
said  bridge  and  embankments  shall  be  built  at  the  expense  of  said  rail- 
way company.  This  ordinance  shall  be  in  force  from  and  after  its 
passage. 

Passed  October  14,  1889. 

Approved  October  16,  1889. 


AN  OEDmANCE  GRA^^TING  THE  EIGHT  OF  WAY  AND  PEE- 
MISSTO?^  TO  THE  HOUSTON  &  TEXAS  CENTEAL  EAIL- 
EOAD  COMPANY  TO  CHANGE  THE  LOCATION  OF  CEE- 
TAIN  SIDE  TEACKS,  CONSTEUCT  OTHEES,  AND  TO  MAIN- 
TAIN SAID  TEACKS  AND  OPEEATE  ITS  ENGINES  AND 
CAES  THEEEUPON,  AND  TO  AUTHOEIZE  THE  CONSTEUC- 
TION  OF  A  BEICK  PASSENGEE  STATION  ADJACENT  TO 
CONGEESS  AVENUE  IN  THE  CITY  OF  AUSTIN,  TEXAS. 


Whereas,  at  the  regular  session  of  the  Twentj^-seventh  Legislature  of 
the  State  of  Texas,  a  special  act  was  passed  and  approved  March  28,  1901, 
authorizing  the  Houston  &  Texas  Central  Eailroad  Company  to  purchase 
certain  railroads  in  this  State,  among  others,  the  railroad  of  the  Austin 
&  Northwestern  Eailroad  Company,  extending  from  the  City  of  Austin 
in  Travis  County,  to  the  town  of  Llano,  in  Llano  County;  and  it  is 
provided  by  said  act  that  if  the  City  of  Austin  shall,  w'ithin  sixty  days 
after  the  taking  eflFeet  of  said  act,  grant  it  the  right  to  lay  and  maintain 
suitable    tracks    therefor,    said    Houston    &    Texas    Central    Eailroad 


292  Appendix. 

Compaii}'  shall  by  the  first  of  December,  1901,  construct  and  complete  a 
comfortable  and  commodious  brick  passenger  station  adjacent  to  Con- 
gress Avenue  in  the  City  of  Austin ;  and, 

Whereas,  The  said  City  of  Austin  being  desirous  of  complying  with 
the  provisions  of  said  act,  and  the  Houston  &  Texas  Central  Railroad 
Company  having  signified  its  intention  of  constructing  the  passenger 
station  adjacent  to  Congress  Avenue  as  provided  in  said  act;  therefore  be 
it  ordained  by  the  City  Council  of  the  City  of  Austin: 

Section  1.  That  the  Houston  &  Texas  Central  Eailroad  Company 
be  and  it  is  hereby  granted  the  right  of  way  and  privilege  of  constructing, 
maintaining  and  operating  two  side  tracks  over,  upon  and  along  Cypress 
or  Third  Street,  across  Brazos  and  Congress  Avenues,  the  first  of  said 
tracks  to  connect  with  the  present  side  tracks  of  said  company  in  Cypress 
or  Third  Street  at  or  near  the  southwest  corner  of  block  No.  thirty-one 
(31)  and  to  extend  westwardly  upon  Cypress  or  Third  Street  across 
Brazos  and  Congress  Avenue  to  a  point  of  connection  with  the  present 
side  track  of  said  company  opposite  the  Union  depot  on  Block  No.  nine- 
teen (19),  the  center  line  of  said  track  to  be  approximately  eleven  feet 
from  the  south  line  of  block  number  thirty  (30) ;  the  second  track  to 
connect  M'ith  the  main  track  of  said  company  in  Cypress  or  Third  Street 
opposite  lot  number  eleven  (11)  in  block  number  seventeen  (17),  and  to 
extend  westwardly  on  Cypress  or  Third  Street  across  Brazos  Street  and 
Congress  Avenue  to  point  of  connection  with  the  present  side  track  of 
said  company  at  or  near  the  west  line  of  Congress  Avenue,  the  center 
line  of  said  track  to  be  approximately  25  feet  south  from  the  south  line 
of  block  number  thirty  (30). 

Said  company  is  further  granted  the  right  and  privilege  of  using  for 
all  purposes  connected  with  the  operation  of  its  trains  and  in  connection 
with  the  passenger  station  which  is  to  be  constructed,  all  that  portion 
of  Cypress  or  Third  Street  lietween  the  south  line  of  block  number  thirty 
(30)  and  the  track  which  is  to  be  constructed  adjacent  to  the  south 
line  of  block  number  thirty  (30),  being  the  first  side  track  referred  to 
in  this  section. 

Sec.  2.  Should  the  railroad  avail  itself  of  this  grant  it  obligates  itself 
to*  remove  the  present  side  track  extending  from  a  point  at  or  near  the 
east  line  of  Brazos  Street  westwardly  along  Cypress  or  Third  Street  in 
front  of  block  number  thirty  (30)  to  the  east  line  of  Cypress  Street,  and 
also  obligates  itself  to  remove  said  portion  of  the  present  side  track 
commencing  at  a  point  in  its  main  track  opposite  the  northwest  corner 
of  block  number  eighteen  (18)  and  extending  in  a  northwesterly  di- 
rection to  a  point  approximately  20  feet  east  of  the  west  line  of  Con- 
gress Avenue,  and  to  remove  the  switch  fixtures  and  connections  as  now 
constructed  where  the  said  track  which  it  is  proposed  to  remove  connects 
with  the  main  track  at  or  near  the  east  lin^  of  Congress  Avenue. 


Appendix.  293 

Sec.  3.  Said  company  by  the  acceptance  of  this  grant  agrees  to 
construct  and  keep  in  good  repair  all  necessary  ditches,  drains,  culverts, 
and  street  crossings  along  and  over  said  tracks.  Its  tracks  shall  be  laid 
on  such  grade  lines  as  are  practicable  and  upon  the  uniform  street 
grades  established  by  the  City,  and  to  be  furnished  said  company  by  the 
City  Engineer,  or  other  engineer  appointed  by  the  City  for  that  purpose. 
Said  company  shall  cause  its  track  to  be  at  all  times  so  laid  and  kept 
as  to  offer  no  unnecessary  obstruction  at  any  time  to  the  easy  passage 
of  vehicles  at  such  places  as  it  shall  be  lawful  for  them  to  pass  and  ap- 
proved by  the  City  Engineer  and  Street  Committee. 

Sec.  4.  That  the  said  Houston  &  Texas  Central  Eailroad  Company 
is  hereby  authorized  and  granted  permission  to  construct  and  maintain 
a  comfortable  and  commodious  brick  passenger  station  on  block  No. 
thirty  (30)  at  or  near  the  east  line  of  Congress  Avenue. 

Sec.  5.  It  is  further  provided  that  if,  in  the  construction  of  said 
passenger  station,  it  shall  become  necessary  to  change  the  location  of  any 
of  the  tracks  of  said  railroad  company  as  now  constructed,  or  which  may 
be  hereafter  constructed  under  an  ordinance  passed  by  the  City  Council 
of  the  City  of  Austin  on  the  18th  day  of  April,  1898,  that  said  company 
shall  be  and  is  hereby  authorized  to  make  such  changes  as  may  be  requi- 
site and  necessary  to  afford  proper  facilities  in  and  about  the  said  pas- 
senger station. 

Sec.  6.  That  this  ordinance  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  August  19,  1901. 

Approved  August  20,  1901. 


AN  ORDINANCE  GRANTING  TO  THE  HOUSTON  &  TEXAS 
CENTRAL  RAILROAD  COMPANY  THE  RIGHT  TO  CON- 
STRUCT, MAINTAIN  AND  USE  A  STEEL  FUEL  OIL  STOR- 
AGE TANK;  AND  TO  CONSTRUCT,  MAINTAIN  AND  OPER- 
ATE THE  NECESSARY  PUMP,  PIPE  CONNECTIONS  AND 
OTHER  APPLIANCES  FOR  PUMPING  OIL  FROM  TANK 
CARS  TO  SAID  STORAGE  TANK,  AND  FROM  SAID  TANK  TO 
ITS  ROUNDHOUSE,  MACHINE  SHOPS  AND  LOCOMOTIVES ; 
TO  USE  SAID  FUEL  OIL  AT  ITS  ROUNDHOUSE  AND 
SHOPS;  AND  TO  CONSTRUCT  AND  OPERATE  A  SPUR 
TRACK  ADJACENT  TO  SAID  OIL  TANK  IN  THE  CITY  OF 
AUSTIN,  TEXAS. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  Houston  &  Texas  Central  Railroad  Company  be  and  is  hereby 
granted  the  right  and  privilege  of  constructing,  maintaining,  using  and 


294  Appendix, 

operating  a  steel  fuel  oil  storage  tank  on  Block  No.  four  (4),  Outlot 
ten  (10),  Division  A,  now  owned  by  said  company,  in  the  City  of  Aus- 
tin for  the  storage,  use  and  distribution  of  fuel  oil  for  its  engines, 
roundhouse  and  shops,  said  tank  to  be  located  approximately  170  feet 
north  from  the  center  of  its  main  track  and  130  feet  west  of  the  east 
line  of  said  block  number  four  (4).  The  said  tank  shall  be  constructed 
of  steel  rings  of  not  less  than  one-eighth  of  an  inch  in  thickness,  and 
may  be  of  sufficient  capacity  to  contain  thirty-seven  thousand  five  hun- 
dred (37,500)  barrels  of  oil,  and  shall  be  protected  by  an  earth  levee 
or  embankment  of  sufficient  capacity  to  contain  the  quantity  of  oil  stored 
in  said  tank. 

Sec.  2.  Said  railroad  company  is  further  granted  the  right  to  con- 
struct, maintain  and  operate  adjacent  to  said  tank  a  pump  to  be  used 
for  handling  the  said  oil  for  the  purposes  herein  indicated. 

The  said  Houston  &  Texas  Central  Railroad  Company,  is  granted  the 
right  to  use  fuel  oil  at  its  shops  and  roundhouse,  and  for  the  purpose 
of  conveying  fuel  oil  from  said  storage  tank  to  its  shops  and  round- 
house it  is  hereby  granted  the  right  to  lay  a  line  of  pipe  from  said 
oil  storage  tank  in,  over  and  upon  Pine  Street  in  a  westerly  direction, 
crossing  all  intervening  and  intersecting  streets  and  alleys  to  its  said 
roundhouse  and  shops,  the  said  line  of  pipe  to  be  laid  under  the  direc- 
tion of  the  City  Engineer  and  Street  Committee  of  the  Council,  and  to 
be  at  all  times  so  kept  as  not  to  obstruct  or  in  any  manner  interfere 
wdth  the  easy  passage  of  vehicles  where  it  shall  be  lawful  for  them  to 
pass. 

Sec.  3.  The  said  Houston  &  Texas  Central  Eailroad  Company  is 
hereby  granted  the  right  to  construct,  maintain  and  operate  a  spur 
track  upon,  over,  along  and  across  Pine  and  Pedemales  Streets  in  order 
to  provide  trackage  facilities  for  the  handling  of  said  fuel  oil,  said  spur 
track  to  leave  the  main  track  of  said  company  at  some  point  east  of 
Pedernales  Street  and  to  extend  in  a  westerly  direction  over,  upon, 
across  and  along  Pine  and  Pedernales  Streets  terminating  in  outlot 
No,  10,  Division  A,  the  said  track  to  be  laid  under  the  supervision  of  the 
City  Engineer  and  Street  Committee  of  the  Council,  and  to  be  at  all 
times  so  kept  as  not  to  offer  any  obstruction  to  the  passage  of  vehicles, 
where  it  shall  be  lawful  for  them  to  pass. 

Passed  February  5,  1902. 

Approved  February  6,  1902. 


Appendix.  295 

AN  OEDINANCE  GKANTING  TO  THE  HOUSTON  &  TEXAS 
CENTEAL  EAILEOAD  COMPANY  THE  EIGHT  AND  PEEMIS- 
SION  TO  CONSTEUCT  A  POETICO  OVEE  A  POETION  OF 
THE  SIDEWALK  IN  FEONT  OF  BLOCK  NO.  30  ON  THE 
EAST  SIDE  OF  CONGEESS  AVENUE  ADJACENT  TO  ITS 
PASSENGEE  STATION,  AND  TO  APPEOPEIATE  AND  USE 
SO  MUCH  OF  THE  SIDEWALK  AS  MAY  BE  NECESSAEY  TO 
EEECT  THEEEON  PILASTEES  FOE  THE  SUPPOET  OF  THE 
SAID  POETICO  IN  THE  CITY  OF  AUSTIN,  TEXAS. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  Houston  &  Texas  Central  Eailroad  Company  be  and  is  hereby 
granted  the  right  and  permission  to  construct  a  portico  for  and  in 
connection  with  its  passenger  station  over  the  sidewalk  in  front  of  block 
number  thirty  (30)  on  the  east  side  of  Congress  Avenue  in  the  City 
of  Austin,  Texas,  and  the  said  company  is  further  granted  the  right 
to  appropriate  and  use  so  much  of  said  sidewalk  as  may  be  necessary  to 
erect  thereon  two  pilasters  on  the  curb  line  and  two  pilasters  on  the 
inner  line  of  said  sidewalk  for  the  support  of  said  portico,  the  two 
pilasters  on  the  curb  line  not  to  extend  more  than  three  feet  on  the 
sidewalk  and  the  two  on  the  inner  line  not  to  extend  more  than  one 
foot  and  six  inches  from  the  property  line. 

Sec.  2.  Should  the  company  avail  itself  of  this  ordinance  it  agrees 
and  binds  itself  to  at  all  times  keep  that  portion  of  the  walk  between 
the  said  pilasters  free  and  unobstructed  for  the  use  of  the  public. 

Sec.  3.  The  said  pilasters  shall  be  constructed  under  the  supervision 
of  the  architect  having  charge  of  the  work  of  constructing  said  passenger 
station  and  to  be  approved  by  the  City  Engineer  of  the  City  of  Austin 
and  Street  Committee. 

Upon  completion  of  said  pilasters  the  said  company  agrees  to  repair 
and  place  the  sidewalk  in  as  good  condition  as  the  same  now  is. 

Sec.  4.  That  this  ordinance  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  June  2,  1902. 

Approved  June  5,  1902. 


296  Appendix. 

AN  OEDINANCE  ENTITLED  AN  OEDINANCE  GEANTING  TO 
THE  HOUSTON  &  TEXAS  CENTEAL  EAILEOAD  COMPANY 
A  FEANCHISE  TO  CONSTEUCT  AN  EXTENSION  OF  A  SPUE 
OE  SWITCH  TEACK  ACEOSS  NECHES  STEEET  FEOM 
BLOCK  34  TO  BLOCK  33  OF  THE  CITY  OF  AUSTIN. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  Houston  &  Texas  Central  Eailroad  Company  be  and  it  is 
hereby  granted  the  franchise  or  privilege  to  construct  an  extension  from 
the  terminus  of  a  switch  or  spur  track  of  said  railroad  company  now  on 
Block  34  of  the  City  of  Austin  between  East  Third  and  Fourth  Streets, 
beginning  at  the  present  terminus  of  said  spur  or  switch  track,  and 
running  therefrom  in  a  westerly  direction  upon  and  across  Neches 
Street  to  Block  No.  33  of  the  City  of  Austin. 

Sec.  2.  That  the  construction  of  such  extension  to  said  track  and 
maintenance  thereof  by  said  railroad  company  shall  be  under  the  super- 
vision of  and  made  in  a  manner  satisfactory  to  the  City  Engineer  and 
Street  Committee. 

Sec.  3.  That  by  the  acceptance  of  this  franchise  the  Houston  & 
Texas  Central  Eailroad  Company  agrees  to  indemnify  the  City  of  Aus- 
tin against  any  and  all  claims  for  damages  which  may  be  asserted  against 
the  City,  because  of  the  construction  of  said  extension  of  said  switch  or 
spur  track  across  said  Neches  Street. 

Passed  September  21,  1903. 

Approved  September  22,  1903. 


AN  OEDINANCE  PEEMITTING  THE  HOUSTON  &  TEXAS  CEN- 
TEAL EAILEOAD  COMPANY  TO  EXTEND  ITS  TEACKS 
FEOM  A  POINT  ON  EAST  AVENUE  EAST  ON  FOUETH 
STEEET  TO  THE  INTEESECTION  OF  MEDINA  AND 
FOUETH  STEEET. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  Houston  &  Texas  Central  Eailroad  Company  be,  and  they  are 
hereby  permitted  to  extend  their  tracks  and  line  of  railroad  from  a  point 
on  East  Avenue  east  on  Fourth  Street  to  the  intersection  of  Fourth 
Street  and  Medina  Street  in  the  Cit)'  of  Austin,  Texas. 

Sec.  2.  That  said  railroad  company  shall  not  be  permitted  to  let 
cars  stand  on  said  extension  for  more  than  two  days,  and  not  then 
except  for  the  purposes  of  unloading  and  loading  same  by  the  adjoining 


Appendix.  297 

property  owners  or  lessees,  and  the  said  company  shall  not  be  allowed 
to  make  up  trains  on  this  extension. 

Sec.  3.  That  a  violation  of  the  above  section  of  this  ordinance  shall 
work  a  forfeiture  of  this  permit. 

Sec.  4.  That  said  railroad  company  shall  keep  said  street  in  good 
repair  to  the  satisfaction  of  the  Street  Committee  and  City  Engineer. 

Passed  February  23,  1905. 

Approved  March  5,  1905. 


AN  OKDINANCE  GKANTING  TO  THE  HOUSTON  &  TEXAS 
CENTRAL  RAILWAY  COMPANY  AUTHORITY  TO  ES- 
TABLISH THE  TRACKS  AND  IMPROVE- 
MENTS HEREINAFTER  DESCRIBED. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  Houston  &  Texas  Central  Railroad  Company  be  given  express 
authority  to  establish  and  maintain  tracks  and  improvements  herein- 
after described  and  made  a  part  of  this  ordinance.  First  track  shall 
begin  at  a  point  in  East  Fifth  Street  about  one  hundred  and  eighty  feet 
west  of  the  west  line  of  Chicon  or  Pecos  Street,  and  in  the  center  of 
the  main  track  of  said  Houston  &  Texas  Central  Railway  Company, 
and  thence  in  a  northeasterly  direction  along  said  Fifth  Street  and  across 
said  Chicon  or  Pecos  Street  and  entering  property  belonging  to  said 
company  near  the  intersection  of  said  streets. 

Second  track  shall  begin  in  the  center  of  said  main  track  of  said  com- 
pany in  East  Fifth  Street  at  a  point  about  eight  hundred  feet  east  of 
the  west  line  of  said  Pecos  or  Chicon  Street  and  running  thence  in  a 
northeasterly  direction  along  said  Fifth  Street  until  the  same  centers 
property  belonging  to  said  company. 

Third  track  shall  be  the  removal  and  reconstruction  of  what  is  known 
as  the  old  Austin  &  Northwestern  track  where  it  crosses  East  Sixth 
Street  to  a  point  about  sixty  feet  east  of  its  present  location  on  the 
north  line  of  said  street  and  about  eighty-five  feet  east  of  its  present 
location  on  south  line  of  said  street. 

Fourth  track  shall  be  a  new  track  crossing  said  East  Sixth  Street  on 
the  north  line  thereof  about  forty  feet  west  of  said  third  track  as  removed 
and  reconstructed,  and  on  the  south  line  about  one  hundred  and  thirty- 
five  feet  west  of  such  new  track  as  removed  and  reconstructed. 

Said  company  shall  also  have  the  right  to  construct  and  maintain 
tracks  across  Canadian  Street  between  East  Fifth  and  Sixth  Streets  as 
follows,  viz. :  Two  tracks  and  switch  near  south  line  of  said  Sixth 
Street;  removal  and  reconstruction  of  said  old  Austin  &  Northwestern 


2^8  Appendix. 

Kailroad  Company  track  to  a  line  about  midway  between  Fifth  and  Sixth 
Streets,  and  one  additional  track  and  switch  about  thirty  feet  north  of 
said  last-named  removed  and  reconstructed  track. 

Sec.  2.  That  in  constructijig  each  and  all  of  the  tracks  aforesaid  the 
.^aid  company  shall  observe  the  grades  of  its  present  tracks  and  conform 
.such  new  and  additional  tracks  to  the  grades  thereof," and  to  construct  all 
necessary  culverts  so  as  not  to  interfere  with  the  drainage  of  the  streets 
tjrossed,  and  shall  restore  the  streets  crossed  to  as  good  condition  for 
safe  travel  as  may  be  required  by  law. 

Sec.  3.     This  ordinance  shall  take  -effect  from  and  after  its  passage. 
Passed  July  3,  1905. 
Approved  July  5,  1905. 


AN  ORDIXAXCE  GEANTING  THE  RIGHT  OF  WAY  TO  THE 

IXTERNATIOXAL  &  GREAT  NORTHERX  RAILROAD 

COMPAXY  THROUGH  THE  CITY  OF  AUSTIX. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  right  of  way  to  the  International  Railroad  Company,  now 
consolidated  with  the  Houston  &  Great  Northern  Railroad  Company, 
and  known  as  the  International  &  Great  Northern  Railroad  Com- 
pany, be  and  is  hereby  granted  through  and  across  any  streets  in  the 
City  of  Austin,  except  Congress  Avenue  and  Pecan  Street,  and  also 
except  such  other  streets  as  are  now  occupied  by  other  railroads,  and 
said  International  or  International  &  Great  Northern  Railroad  Company 
shall  have  the  right  to  cross  said  excepted  streets  whenever  necessary; 
provided,  it  shall  not  cross  Congress  Avenue  above  Cypress  Street;  and 
shall  have  the  right  of  way  over  streets  now  occupied  by  other  railroads 
by  obtaining  the  consent  of  the  company  now  occupying  the  same;  pro- 
vided, said  International  or  International  &  Great  Northern  Railroad 
Company  shall  select  and  indicate  the  streets  it  shall  occupy  with  its 
tracks,  and  the  crossings  of  those  streets  it  may  cross,  within  one  year 
from  the  passage  of  this  ordinance.  And  said  railroad  company  shall 
also  have  the  right  of  way  over  the  waterfront  of  the  Colorado  River 
to  and  from  such  point  on  the  bank  of  the  river  as  said  company  may 
select  for  the  north  abutment  of  its  bridge  across  said  river;  provided, 
howevei",  that  said  point  of  crossing  does  not  interfere  with  any  part 
of  said  river  front  now  under  lease  to  other  parties,  and  that  said  part 
of  river  front  does  not  exceed  what  is  necessar}-  for  said  abutment  and 
crossing. 

Sec.  2.  That  said  International  or  International  and  Great  North- 
em  Railroad  Company  shall  have  the  right  to  build,  own  or  occupy  a 


Appendix.  299 

railroad  bridge  across  Shoal  Creek  or  Waller  Creek  at  any  point  or  cross- 
ing which  said  railroad  company  may  select,  on  the  line  of  projection 
authorized  by  the  first  section  of  this  ordinance,  whether  in  a  street  or 
to  and  from  its  own  property,  for  its  own  occupation  and  use.  Should 
said  railroad  company  avail  itself  of  the  grant  of  right  of  way,  it  shall 
construct  and  keep  in  good  repair  all  necessary  ditches,  drains,  culverts 
and  street  crossings ;  and  the  city  reserves  the  right  to  control  the  speed 
of  locomotives  and  cars  within  the  city  limits  and  under  the  limitations 
prescribed  by  the  laws  of  the  State  of  Texas. 

Sec.  3.  That  the  said  City  of  Austin  shall  not  be  held  responsible 
for  any  injury  done  to,  or  the  taking  of  any  property  not  belonging  to 
the  said  City  of  Austin,  for  the  use  and  benefit  of  said  International 
or  International  &  Great  Northern  Railroad  Company. 

Sec.  4.  That  this  ordinance  take  effect  and  be  in  force  from  and  after 
its  passage. 

Passed  April  17,  1876. 

Approved  April  18,  1876. 


AN  OEDINANCE  GRANTING  TO  THE  INTERNATIONAL  & 
GREAT  NORTHERN  RAILROAD  COMPANY  THE  PRIVILEGE 
OF  OCCUPYING  AND  USING  A  PORTION  OF  THE  ALLEY 
IN  BLOCK  NO.  19  FOR  THE  PURPOSE  OF  ERECTING  A  PAS- 
SENGER DEPOT  FOR  THE  USE  OF  SAID  RAILROAD  COM- 
PANY IN  THIS  CITY. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  privilege  is  hereby  granted  to  the  International  &  Great  North- 
ern Railroad  Company  to  occupy  and  use  ninety-two  (92)  feet  of  the 
north  end  of  the  alley  running  north  and  south  through  block  19,  be- 
ing that  part  of  said  alley  lying  between  lots  No.  5  and  6  in  said  block 
No.  19,  on  the  east,  and  lots  No.  7  and  8  in  said  block,  on  the  west,  the 
same  to  be  occupied  and  used  by  said  railroad  company  for  the  purpose 
of  erecting  a  passenger  depot  for  the  use  of  said  railroad  company  in 
this  city,  and  for  no  other  purpose. 

That  this  privilege  is  granted  upon  these  express  conditions,  towit: 

First.  That  said  International  &  Great  Northern  Railroad  Company 
shall  leave  an  open  way  along  the  south  side  of  said  passenger  depot,  at 
least  twenty  feet  wide,  connecting  with  said  alley  and  extending  east 
from  said  alley  to  Congress  Avenue,  and  also  extending  west  from  said 
Colorado  Street,  and  such  way  shall  be  kept  open  for  public  travel. 

Second.  That  said  International  &  Great  Northern  Railroad  Company 
shall  be  liable  for  all  damages  that  may  be  sustained  by  any  person  own- 


300  Appendix, 

ing  property  abutting  on  said  alley  by  reason  of  closing  up  the  same 
as  herein  provided,  and  shall  hold  the  City  of  Austin  harmless  as  to  all 
suits  or  judgments  for  such  damages,  and  this  grant  is  accepted  by  said 
railroad  company  subject  to  this  condition. 

Third.  That  said  passenger  depot  shall  be  commenced  within  ninety 
da^-s  and  completed  within  one  year  from  the  passage  of  this  ordinance. 

Fourth.  That  if  said  railroad  company  shall  fail  to  comply  with  any 
of  these  conditions,  then  this  grant  of  privilege  shall  be  forfeited. 

That  the  privileges  hereby  granted  to  the  said  International  &  Great 
ISTorthern  Eailroad  Company  may  be  used  by  any  lessee  of  said  Interna- 
tional &  Great  N^orthern  Eailroad  Company  so  long  as  said  railroad  may 
be  operated  and  used  by  such  lessee,  upon  condition  that  said  lessee  shall 
also  be  required  to  comply  with  all  the  conditions  of  this  ordinance  and 
shall  be  liable  under  the  provisions  of  all  of  the  conditions  aforesaid  of 
this  ordinance. 

That  this  ordinance  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Passed  February  20,  1888. 

Approved  February  22,  1888. 


AN  ORDINANCE  GRANTING  THE  PRIVILEGE  TO  INTERNA- 
TIONAL &  GREAT  NORTHERN  RAILROAD  COMPANY  TO 
CONSTRUCT,  MAINTAIN  AND  OPERATE  A  SWITCH  FROM 
THE  TRACK  OF  SAID  INTERNATIONAL  &  GREAT  NORTH- 
ERN RAILROAD  COMPANY  TO  AND  ALONG  THE  SOUTH 
SIDE  OF  BLOCK  NO.  27  OF  THE  CITY  OF  AUSTIN,  TEXAS. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  right  and  privilege  is  hereby  granted  to  the  International  & 
Great  Northern  Railroad  Company  to  construct,  maintain  and  operate  a 
switch  leading  from  the  track  o'  the  said  International  &  Great  North- 
ern Railroad  Company  on  Third  Street  to  and  along  the  south  side  of 
block  No.  27  in  the  City  of  Austin. 

Sec.  2.  Said  switch  shall  be  constructed  within  the  limits  of  Third 
Street  and  shall  be  laid  under  the  supervision  of  the  City  Engineer  of  the 
City  of  Austin,  and  shall  not  be  used  until  he  has  approved  the  con- 
struction thereof. 

Sec.  3.  Said  railroad  company  shall  not  make  up  trains  on  said 
switch,  or  permit  cars  to  stand  on  that  part  of  the  same  in  front  of 
block  No.  27  except  wh^n  receiving  or  delivering  freight  from  and  to 
the  occupants  of  the  south  half  of  said  block.  Said  company  may  also 
use  said  switch  for  the  purpose  of  delivering  cars  in  front  of  lot  No.  1 
in  block  No.  28. 


Appendix.  301 

Sec.  4.  Should  said  railroad  company  use  said  switch  for  any  pur- 
pose other  than  those  hereinafter  stated  it  shall  forfeit  the  rights  and 
privileges  hereby  granted,  and  shall  at  its  own  cost  remove  said  switch. 

Passed  March  2,  1896. 

Approved  March  4,  1896. 


AN  OEDINANCE  GEANTING  PEEMISSION  TO  THE  INTEENA- 
TIONAL  &  GEEAT  NOETHEEN  EAILEOAD  COMPANY  TO 
EXTEND  ITS  TEACK  ALONG  FOUETH  STEEET  ACEOSS 
THE  INTEESECTION  OF  SAN  ANTONIO  AND  FOUETH 
STEEETS  AND  TO  THE  COENEE  OF  BLOCK  26  IN  THE  CITY 
OF  AUSTIN,  AND  TO  A  POINT  ABOUT  MIDWAY  OF  SAID 
BLOCK. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  International  &  Great  Northern  Eailroad  Company,  its  man- 
ager, agents,  and  employes  are  hereby  allowed  and  given  authority  to 
extend  their  line  of  railroad  track  along  Fourth  Street  and  across  San 
Antonio  Street  on  Fourth  Street  to  block  36  of  the  City  of  Austin,  and 
to  a  point  within  20  feet  of  midAvay  of  said  block  26  on  Fourth  Street. 

Sec.  2,  That  the  conditions,  stipulations,  and  restrictions  included 
in  an  ordinance  permitting  said  railroad  company  to  maintain  and  oper- 
ate its  trains  on  Fourth  Street  in  the  City  of  Austin,  heretofore  passed 
by  the  City  Council  of  the  City  of  Austin  shall  be  and  are  hereby  made 
a  part  of  this  ordinance;  and  the  said  railroad  company  is  hereby  re- 
quired to  put  said  track  in  the  same  condition,  and  maintain  the  same 
in  the  same  condition  as  is  the  remaining  track  of  said  railroad  com- 
pany now  on  Fourth  Street  in  the  City  of  Austin. 

Sec.  3.  The  ordinance,  and  all  the  sections  thereof,  heretofore  passed 
by  the  City  Council  of  the  City  of  Austin,  by  which  said  railroad  com- 
pany was  permitted  to  operate  its  said  road  on  Fourth  Street  in  the 
City  of  Austin,  in  so  far  as  same  are  applicable,  are  made  a  part  and 
parcel  of  this  ordinance. 

That  said  International  &  Great  Northern  Eailroad  Company  shall 
be  liable  in  the  same  manner,  and  be  held  to  make  the  same  improve- 
ments of  the  street  and  take  the  same  care  of  the  same,  and  the  track 
thereon  that  said  railroad  company  is  required  to  do  in  the  ordinance 
approved  July  6,  1903,  granting  said  company  the  right  to  place  its 
track  and  operate  its  cars  on  the  other  portions  of  Fourth  Street. 

Passed  December  5,  1904. 

Approved  December  7,  1904. 


302  Appendix. 

AN  OEDIXAXCE  CHANGING  THE  PEEMISSION  HEBETO- 
FORE  GIVEN  THE  INTERNATIONAL  &  GREAT  NORTHERN 
RAILROAD  COMPANY  TO  EXTEND  ITS  TRACKS  ON  WEST 
EOURTH  STREET  TO  THE  AUSTIN  DAM  AND  SUBURBAN 
RAILWAY  COMPANY. 


Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin:  That  the 
permission  heretofore  granted  the  International  &  Great  Northern  Rail- 
road Company  to  extend  its  tracks  on  West  Fourth  Street  of  the  City  of 
Austin,  as  approved  December  7,  1904,  page  402,  book  E  of  the  Ordi- 
nances of  the  City  of  Austin,  be  and  the  same  is  hereby  extended  to  and 
shall  apply  to  the  Austin  Dam  &  Suburban  Railway  Company. 

Passed  February  23,  1905. 

Approved  February  25,  1905. 


AX  ORDINANCE  ENTITLED  AN  ORDINANCE  TO  RELEASE 
UNTO  THE  MISSOURI,  KANSAS  &  TEXAS  RAILWAY  COM- 
PANY OF  TEXAS  ALL  RIGHTS  ACQUIRED  BY  THE  CITY 
OF  AUSTIN  IN  AND  TO  ALL  THOSE  CERTAIN  STREETS 
AND  ALLEYS  IN  OUTLOTS  NOS.  31  AND  32,  DIVISION  0 
OF  THE  CITY  OF  AUSTIN,  WHICH  WERE  DEDICATED  FOR 
PUBLIC  USE  BY  J.  C.  KERBEY  AND  WIFE,  M.  M.  KERBEY, 
ON  MAY  19,  1888,  BY  A  CERTAIN  PLAT  RECORDED  ON 
SAID  DATE  IN  THE  OFFICE  OF  THE  COUNTY  CLERK  OF 
TRAVIS  COUNTY,  TEXAS,  AND  DECLINING  TO  ACCEPT 
SAID  DEDICATION. 


Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin :    That 

Whereas,  Heretofore,  on  the  19th  day  of  May,  A.  D.  1888,  J.  C.  Ker- 
bey  and  M.  M.  Kerbey,  husband  and  wife,  being  then  the  owners  of  out- 
lots  Nos.  31  and  32,  Division  0,  of  the  City  of  Austin,  Travis  County. 
Texas,  executed  a  certain  plat  of  said  outlets  whereby  they  dodicated 
for  public  use  the  streets  and  alleys  as  shown  and  laid  off  in  said  plat  or 
map,  which  said  plat  or  map  was  on  said  date  filed  with  the  County 
Clerk  of  Travis  County,  Texas,  and  recorded  in  plat  book  No.  1,  page  53 
of  the  records  of  said  office,  which  said  plat  and  the  record  thereof  are 
hereby  referred  to  and  made  a  part  of  this  ordinance ;  and 

Whekeap,  The  City  of  Austin  has  never,  either  expressly  or  by  impli- 
cation, accepted  said  dedication,  and  it  is  not  desired  to  accept  same, 
but  wishes  to  refuse  to  accept  same ;  and 

Whereas,  No  portion-  of  said  outlets,  or  either  of  tlioni.  has  l)eon  sold, 
and  no  rights  have  accrued  to  any  person,  firm  or  corporation  with  ref- 
erence to  said  streets  and  alleys  in  said  plat  set  forth ;  and 


Appendix.  303 

Whereas,  The  Missouri,  Kansas  &  Texas  Eailway  Company  of  Texas 
is  now  the  owner  of  said  oiitlots  Nos.  31  and  32,  Division  G  of  said  City, 
having  acquired  same  by  deed  from  said  J.  C.  and  Mi  M.  Kerbey,  and 
said  railway  company  desires  to  have  said  attempted  dedication  rejected 
and  said  outlots  freed  from  whatever,  if  any,  easement  exists  by  virtue 
of  said  attempted  dedication ;  now,  therefore, 

Section  1.  The  City  of  Austin  does  hereby  decline  and  refuse  to 
accept  the  dedication  to  each  and  all  the  streets  and  alleys  set  forth  in 
the  foregoing  plat. 

Sec.  2.  The  City  of  Austin  hereby  releases  and  relinquishes  unto  the 
said  Missouri,  Kansas  &  Texas  Eailway  Company  of  Texas  whatever 
right,  title,  interest,  estate  or  easement  it  may  have  acquired  in  and  to 
any  of  the  aforesaid  streets  and  alleys  attempted  to  have  been  dedicated 
to  public  use  by  the  aforesaid  acts  of  said  J.  C.  and  M.  M.  Kerbey;  and 
the  Mayor  of  the  City  of  Austin  is  hereby  required  to  execute  on  behalf 
of  the  City  of  Austin  such  deed  or  acquittance  as  may  be  necessary 
to  evidence  the  full  relinquishment  by  the  City  of  Austin  to  said  railway 
company  of  all  rights,  title,  interest,  claim  or  easement  which  said  City 
of  Austin  may  have  in  and  to  any  of  said  streets  and  alleys.  This  ordi- 
nance is  not  intended  to  in  any  way  release  to  said  railway  any  portion  of 
Spence  Street. 

Passed  April  3,  1905. 

Approved  April  7,  1905. 


A^T  ORDI>^ANCE  GRANTI^tg  tO  THE  AUSTIN  RAPID  TRAN- 
SIT RAILWAY  COMPANY  THE  PRIVILEGE  OF  LAYING  A 
SWITCH  FROM  ITS  MAIN  LINE  ON  CONGRESS  AVENUE, 
ALONG  FOURTH  STREET  TO  COLORADO  STREET. 


Section  1.  Be  it  ordmned  ly  the  City  Council  of  the  City  of  Austin: 
That  the  privilege  is  hereby  granted  to  the  Austin  Rapid  Transit  Rail- 
way Company  to  construct  maintain  and  operate  a  switch  from  its  main 
line  on  Congress  Avenue,  along  Fourth  Street  to  Colorado  Street,  to  be 
used  by  its  trailers  'in  receiving  passengers  from  the  Austin  Dam  and 
Suburban  Railroad,  and  on  such  other  occasions  as  the  public  conven- 
ience may  require  the  use  of  trailers  by  said  Austin  Rapid  Transit  Rail- 
way Compan3^ 

Sec.  2.  Said  switch  shall  be  laid  under  the  supervision  of  the  City 
Engineer  and  the  Street  Committee  of  the  City  of  Austin,  and  the 
privilege  hereby  granted  may  be  enjoyed  by  said  companv  for  the  period 
covered  by  the  charter  of  said  Austin  Rapid  Transit  Railway  Company. 

Passed  April  24,  1896. 

Approved  April  29,  1896. 


304  Appendix, 

AN  ORDINANCE  TO  AMEND  AND  CONDENSE  INTO  ONE  OR- 
DINANCE ALL  ORDINANCES  OF  THE  CITY  PERTAINING 
TO  THE  RIGHT  OF  WAY  OVER  THE  STREETS  OF  AUSTIN 
TO  M.  M.  SHIPE,  HIS  ASSOCIATES  AND  ASSIGNS,  WHICH 
INURED  TO  THE  BENEFIT  OF  THE  AUSTIN  RAPID  TRAN- 
SIT RAILWAY  COMPANY. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  right  of  way  heretofore  granted  to  M.  M.  Shipe,  his  associates, 
-successors  and  assigns  to  construct,  maintain  and  operate  street  railways 
upon  the  streets  of  the  City  of  Austin  be  continued  in  the  Austin  Rapid 
Transit  Railway  Company,  its  successors  and  assigns  subject  to  the 
changes,  modifications,  amendments  and  conditions  stated  in  this  ordi- 
nance, so  that,  upon  the  acceptance  of  the  terms  of  this  ordinance  by 
said  compan}^  all  other  ordinances  of  the  city  relating  to  the  right  of 
M.  M.  Shipe,  his  associates  and  assigns,  shall  be  repealed  and  superseded 
by  this  ordinance. 

Sec.  2.  That  the  said  Austin  Rapid  Transit  Railway  Company  shall 
have  the  right  to  construct,  maintain  and  operate  single  or  double  lines 
of  street  railway  upon  any  of  the  streets  and  avenues  of  the  City  of 
Austin  for  the  period  of  fifty  (50)  years,  upon,  and  subject  to,  the 
conditions,  terms  and  regulations  hereinafter  stated;  provided,  that 
where  a  single  track  is  laid  it  shall  be  placed  in  the  center  of  the  street, 
and  where  two  tracks  are  placed  they  shall  be  placed  as  near  the  center  of 
the  street  as  practicable. 

Sec.  3.  Before  constructing  a  line  of  railway  on  any  street  upon 
which  the  Austin  City  Railroad  Company  now  has  a  line  or  lines  of  rail- 
way, the  Austin  Rapid  Transit  Railway  Company  shall  obtain  the  con- 
sent of  the  Board  of  Directors  of  the  Austin  City  Railroad  Company  to 
the  removal  of  the  former's  line  thereon,  which  consent  shall  be  ex- 
pressed in  a  resolution  of  said  board  of  directors  embodying  an  abandon- 
ment and  release  to  the  City  of  Austin  of  the  said  Austin  City  Railroad 
Company's  right  of  way  over  said  street  or  the  part  thereof  from  which 
it  may  agree  that  its  track  shall  be  removed ;  and  thereupon,  the  Austin 
Rapid  Transit  Railway  Company,  on  its  own  responsibility  and  being 
alone  liable  to  the  owners  of  said  road,  shall  remove  said  lines  of  the 
Austin  City  Railroad  Company  before  constructing  a  new  line,  but  only 
as  fast  as  the  work  on  the  new  line  or  lines  progresses  so  as  to  require 
such  removal. 

Sec,  4.  The  conditions  upon  which  .such  grant  of  right  is  made  are 
that  the  Austin  Rapid  Transit  Railway  Company  shall  continue  to  main- 
tain and  operate  its  line  now  in  operation  on  the  streets  upon  which  it 


Appendix.  305 

is  located,  and  such  change  may  be  made  in  the  grade  of  Eio  Grande 
Street  north  of  Thirteenth  to  and  across  Nineteenth  Street  as  will  make 
it  practicable  to  operate  said  line  between  Fourteenth  and  Nineteenth 
Streets,  or  the  company  may  make  such  change  in  that  part  of  the  line 
on  Kio  Grande  street  located  in  or  north  of  Thirteenth  Street  as  may 
he  necessary  to  avoid  the  high  grade  on  Eio  Grande  Street  between  Thir- 
teenth and  Nineteenth  Streets,  and  return  to  Eio  Grande  Street  above 
Nineteenth  Street;  and  it  is  a  further  condition  of  this  grant  of  right 
that  the  Austin  Eapid  Transit  Eailway  Company  shall  complete  and  put 
in  operation  not  less  than  four  miles  additional  railroad  within  fifteen 
(15)  months  from  the  date  of  the  passage  of  this  ordinance,  and  shall 
keep  its  lines  in  operation. 

Sec.  5.  Said  street  railway  may  run  across  all  railway  tracks  in  the 
city  and  over  all  bridges  and  culverts  built  by  the  city  which  the  proper 
authorities  shall  determine  to  be  large  enough  to  admit  of  such  use  and 
still  accommodate  the  other  city  travel  over  the  same.  Said  railway 
company  shall  pay  such  proportion  of  the  expense  of  keeping  the  bridges 
and  culverts  in  order  as  the  width  of  the  track  may  bear  to  the  width 
of  the  bridge  or  culvert. 

Sec.  6.  In  the  construction  of  said  railway  said  company  shall  con- 
form to  the  grade  of  the  streets  as  given  by  the  City  Engineer  and  should 
the  city  establish  a  new  grade  and  actually  bring  the  street,  other  than 
that  occupied  by  said  company,  to  conforna  to  such  grade,  said  company 
shall  regrade  its  road  to  conform  to  the  new  grade  of  the  street.  The 
tracks  of  said  company  shall  be  laid  and  kept  not  more  than  one  inch 
above  the  grade  of  the  street;  the  additional  or  second  track  to  be  placed 
on  Congress  Avenue  shall  be  placed  not  more  than  six  feet  east  of  the 
present  track  as  now  located. 

All  damages  done  streets  in  removing  tracks  or  constructing  new  lines 
shall  be  repaired  by  said  company  at  its  own  expense.  Should  the  city 
pave  any  street  on  which  said  company  may  have  its  line  or  lines,  the 
company  shall,  at  its  own  expense,  pave  between  the  rails  of  its  track, 
and  one  foot  on  the  outside  of  its  rails,  with  material  and  workmanship 
of  the  same  quality  as  that  used  by  the  city  in  such  paving,  and  shall 
thereafter  keep  same  in  repair.  If  said  company  shall  fail  to  put  its  road 
in  the  condition  herein  required  or  to  do  any  work  required  by  the  terms 
of  this  ordinance  on  being  notified  by  the  city  to  put  its  tracks  in  the 
condition  required  by  this  ordinance,  or  to  do  any  work  required  by  this 
ordinance,  the  same  may  be  done  by  the  city  and  the  reasonable  expenses 
thereof  may  be  recovered  from  said  company. 

Sec.  7.  Said  company  may  operate  its  cars  by  electricity  as  used 
by  either  the  overhead  system,  underground  system,  the  storage  battery 
system  or  by  endless  cable  system,  or  other  noiseless  and  safe  motors 


306  Appendix. 

other  than  by  horse  or  mule  power,  and  may  erect  poles  along  the  outer 
lines  of  the  sidewalks  on  the  streets  and  place  wires  thereon,  and  may 
make  necessary  excavations  therefor,  but  shall  place  the  streets  and 
sidewalks  in  as  good  condition  as  they  were  in  before  such  excavations 
were  made. 

Sec.  8.  The  cars  on  said  street  railway  may  be  run  at  the  rate  of  ten 
miles  per  hour,  except  that  around  corners  of  streets  the  speed  shall 
not  exceed  four  miles  per  hour. 

Sec.  9.  Said  company  shall  not  charge  exceeding  five  (5)  cents  fare 
between  the  hours  of  6  a.  m.  and  10  p.  m.  for  one  continuous  passage 
from  any  point  of  boarding  the  cars  to  the  end  of  the  line  of  said  com- 
pany in  the  direction  that  the  car  may  be  going;  or,  in  case  of  a  belt  line, 
the  point  of  commencement  of  a  return  trip  by  either  part  of  the  belt 
line;  the  point  of  commencement  of  a  return  trip  to  be  established 
by  said  company.  After  10  p.  m.  said  company  may  charge  not  exceed- 
ing ten  (10)  cents  for  each  passenger  for  such  passage;  provided,  that 
children  under  five  years  of  age,  when  accompanied  by  adult  persons, 
and  all  police  officers  of  the  city  shall  be  carried  free  of  charge. 

Sec.  10.  All  ordinances  pertaining  to  the  right  of  way  of  M.  M. 
Shipe,  his  associates  and  assigns,  are  hereby  repealed,  and  this  ordinance 
shall  take  effect  when  the  Rapid  Transit  Eailway  Company  shall  accept 
the  terms  of  the  same  in  writing,  signed  by  its  president  and  attested  by 
its  secretary,  and  filed  with  the  City  Clerk  a  copy  of  the  resolution  of  its 
board  of  directors  authorizing  the  acceptance  of  the  terms  of  this  ordi- 
nance. If  not  accepted  by  said  company  within  ninety  days  from  its 
passage  it  shall  not  take  effect. 

Passed  August  25,  1891. 

Approved  August  26,  1891, 

AUSTIN  ELFJCTIMC  RAILWAY  COMPANY. 


Be  it  resolved  by  the  City  Council  of  the  City  of  Austin:  That  the 
Austin  Electric  Railway  Company  is  hereby  authorized  to  remove  its 
track,  poles  and  wires  from  Congress  Avenue  along  East  Second  Street 
to  Trinity  Street  and  South  on  Trinity  Street  to  First  Street,  and  in 
lieu  thereof  to  extend  its  tracks  down  Congress  Avenue  to  First  Street; 
thence  eastward  on  First  Street  to  a  connection  with  its  present  track 
thereon,  and  to  locate  all  necessary  poles  for  the  purpose  of  stringing  its 
wires  thereon. 

Privileges  here  granted  are  in  connection  with  and  subject  to  the 
same  terms  and  conditions  as  the  ordinance  heretofore  enacted  by  this 
Council  granting  the  right  to  the  Austin  Rapid  Transit  Railway  Com- 
pany and  its  successors  and  assigns  to  construct,  equip  and  operate 


Appendix.  307 

street  railways  in  the  City  of  Austin,  approved  the  26th  day  of  August, 
1891. 

Passed  September  4,  1902. 

Approved  September  8,  1902. 


AN  OEDINANCE  GRANTING  TO  THE  AUSTIN  ELECTRIC 
RAILWAY  COMPANY  THE  RIGHT  TO  CONSTRUCT  AND 
OPERATE  A  LINE  OF  STREET  RAILROAD  FROM  A  CON- 
NECTION WITH  ITS  PRESENT  TRACKS  ON  LAVACA 
STREET  ALONG  SEVENTEENTH  STREET  AND  OTHER 
STREETS,  AND  REQUIRING  THE  OWNERS  OF  OTHER 
STREET  CAR  TRACKS  TO  ADJUST  THE  LOCATION  OF 
THEIR  TRACKS  AND  WIRES  AS  HEREIN  REQUIRED. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  right  of  the  Austin  Electric  Railway  Company,  as  successor  in 
ownership  of  the  rights  and  franchises  granted  to  the  Austin  Rapid 
Transit  Railway  Company  by  ordinance  of  the  Council  approved  August 
26,  1891,  and  other  ordinances  amendatory  thereof,  to  construct  and 
operate  a  line  of  track  with  all  necessary  poles,  wires  and  other  appliances 
for  propelling  electric  cars,  from  a  connection  with  its  main  line  at 
the  intersection  of  Seventeenth  and  Lavaca  Streets  in  an  easterly  direc- 
tion to  San  Jacinto  Street,  thence  on  said  street  southward  to  Fifteenth 
Street,  thence  on  said  street  eastward  to  Sabine  Street,  and  thence  on 
said  street  northward  to  Eighteenth  Street,  be  and  the  same  is  hereby 
confirmed  in  the  Austin  Electric  Railway  Company,  according  to  the 
terms  and  provisions  of  said  ordinance  above  named. 

Sec.  2.  That  the  tracks  and  wires  now  on  said  Seventeenth  Street, 
being  the  same  laid  and  constructed  under  the  franchise  granted  by  this 
Council  to  the  Austin  Dam  and  Suburban  Railway  Company,  be  by  the 
owners  thereof  taken  up  and  removed  northward  on  said  street  far 
enough  to  allow  for  the  construction  of  a  single  track  by  said  Austin 
Electric  Railway  Company  south  of  said  removed  track,  with  a  space  of 
six  feet  between  such  tracks,  and  to  evenly  divide  the  street  on  the  north 
and  south  side  of  said  tracks,  and  that  the  trolley  and  other  wires  con- 
nected with  said  present  line  of  railway  track  of  said  streets  be  re- 
moved and  readjusted  so  as  to  allow  space  for  the  trolley  and  other 
wires  necessary  in  the  construction  of  said  new  line  by  said  Austin 
Electric  Railway  Company;  also  that  said  company  last  named  shall 
have  the  right  to  cut  and  cross  the  track  of  said  present  line  when  it 
reaches  the  same  on  Brazos  Street. 

Sec.  3,     That  said  Austin  Dam  and  Suburban  Railway  Company  or 


308  Appendix. 

other  owner  or  owners  of  the  franchise  and  rights  granted  to  said  com- 
pany shall  have  ten  days  from  the  passage  of  this  ordinance  within  which 
to  remove  and  readjust  its  said  track  and  wires  so  as  to  conform  to  the 
terms  of  this  ordinance,  and  should  said  company,  or  its  successors  in 
ownership  fail,  neglect  or  refuse  to  so  remove  its  present  track  and 
wires  within  the  time  here  named,  the  work  of  so  doing  shall  be  done  by 
the  City  Engineer  at  the  cost  and  expense  of  said  Austin  Electric  Rail- 
way Company, 

Sec.  4.  That  the  said  Austin  Electric  Railway  Company  shall  be 
required  to  pay  all  expenses  incurred  in  removing  and  adjusting  the 
track  and  wires  now  on  said  Seventeenth  Street  to  the  requirements  of 
this  ordinance,  and  shall  execute  bond  with  good  and  solvent  sureties 
payable  to  the  City  of  Austin,  and  to  be  approved  by  the  Mayor,  in  the 
sum  of  one  thousand  dollars,  conditioned  that  said  company  will  pay  all 
such  expenses  and  will  defend  any  and  all  suits  and  will  indemnify  and 
save  the  City  of  Austin  harmless  against  all  damages  and  costs  in  case 
the  city  is  cast  in  judgment  in  any  suit  brought  by  the  owner  or  owners 
of  said  track  and  wires  now  in  said  street  growing  out  of  the  removal 
thereof  as  required  by  the  terms  of  this  ordinance. 

Passed  December  1,  1902. 

Approved  December  3,  1902. 


AN  ORDIXAXCE  PERMITTING  THE  AUSTIN  ELECTRIC  RAIL- 
WAY COMPANY  TO  CHANGE  FROM  A  DOUBLE  TO  A  SIN- 
GLE TRACK  ITS  LINE  OF  STREET  RAILWAY  ON  EAST 
SIXTH  STREET  IN  THE  CITY  OF  AUSTIN. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Atistin: 
That  permission  be  and  is  hereby  given  the  Austin  Electric  Railway 
Company  to  take  up  its  double  track  on  East  Sixth  Street  between 
Congress  Avenue  and  East  Avenue  in  the  City  of  Austin,  and  to  con- 
struct in  lieu  thereof  a  single  line  of  street  railway  (to  be  located  in 
the  center  of  said  street),  together  with  all  proper  connections,  switches 
and  turnouts  necessary  in  the  operation  of  its  cars  thereon. 

Sec.  2.  That  all  rights  existing  in  said  Austin  Electric  Railway 
Company  under  the  ordinance  heretofore  passed  by  the  City  Council  of 
the  City  of  Austin,  entitled  "An  Ordinance  to  amend  and  condense 
into  one  ordinance  all  ordinances  of  the  city  pertaining  to  the  grant  of 
the  right  of  way  over  the  streets  of  Austin  to  M.  M.  Shipe,  his  asso- 
ciates and  assigns,  whicH  inured  to  the  benefit  of  the  Austin  Rapid 
Transit   Railway   Company,"   passed   August  25,   1891,   and   approved 


Appendix.  309 

August  26,  1891,  and  all  duties  and  obligations  in  said  ordinance  im- 
posed upon  the  said  Austin  Kapid  Transit  Eailway  Company,  its  suc- 
cessors and  assigns,  in  the  matter  of  constructing,  maintaining  and 
paving  said  single  track  of  railway,  switches  and  turnouts  above  men- 
tioned, and  in  operating  cars  thereon,  shall  continue  against  the  said 
Austin  Electric  Eailway  Company  and  in  favor  of  the  City  of  Austin, 
without  alteration  or  abatement  in  any  respect  by  the  passage  of  this 
ordinance;  provided,  that  said  Austin  Electric  Eailway  Company  shall 
not  hereafter  have  the  right  to  lay  a  double  track  along  said  Sixth  Street 
between  Congress  Avenue  and  East  Avenue  without  first  obtaining 
the  consent  of  the  Council  so  to  do. 

Passed  May  15,  1905. 

Approved  May  19,  1905. 


AN  OEDINANCE  FIXING  THE  LOCATION  OF  THE  TEACKS 

OF  THE  AUSTIN  ELECTEIC  EAILWAY  COMPANY 

ON  CONGEESS  AVENUE. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  permission  is  hereby  granted  to  the  Austin  Electric  Eailway  Com- 
pany to  so  place  its  tracks  along  Congress  Avenue  as  that  the  center 
of  each  track  shall  be  at  a  distance  of  five  feet  and  nine  and  one-half 
inches  from  the  center  of  the  line  of  iron  poles  now  existing  along  said 
avenue  between  the  tracks  of  said  company. 

Sec.  2.  The  construction  and  maintenance  of  said  tracks  as  above 
provided,  and  all  duties  and  rights  pertaining  thereto  shall  be  in  accord- 
ance with  the  existing  franchise  of  said  company  as  successor  in  owner- 
ship of  the  Austin  Eapid  Transit  Eailway  Company. 

Passed  January  6,  1905. 

Approved  January  18,  1905. 


AN  OEDINANCE  GEANTING  PEEMISSION  TO  THE  AUSTIN 
DAM  AND  SUBUEBAN  EAILWAY  COMPANY  TO  LAY  TWO 
TEACKS  LEADING  FEOM  ITS  MAIN  LINE  ON  FOUETH 
STEEET  TO  ITS  CAE  SHEDS  SITUATED  ON  THE  OLD 
COUET  HOUSE  SQUAEE. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  permission  be  granted  for  the  period  of  twenty-five  years  to  the 
Austin  Dam  and  Suburban  Eailway  Company  to  lay  and  maintain  two 
tracks  leading  from  its  main  line  on  Fourth  Street  to  its  car  sheds 


310  Appendix. 

situated  on  the  old  court  house  square  in  the  City  of  Austin,  which 
tracks  shall  be  used  only  for  the  purpose  of  running  the  cars  of  said 
company  to  said  car  sheds. 

Sec.  2.  The  permission  herein  granted  shall  be  subject  to  all  the 
conditions  of  Section  5  of  an  ordinance  approved  July  3,  1895,  and 
entitled  "An  Ordinance  selling  and  conveying  and  authorizing  and 
directing  and  requiring  the  mayor  of  the  City  of  Austin  to  make  a 
deed  of  conveyance  to  the  Austin  Dam  and  Suburban  Kailway  Company, 
its  successors  and  assigns,  of  the  property  of  the  City  of  Austin,  known 
as  the  Austin  Dam  Railroad,  and  granting  to  the  said  Austin  Dam 
and  Suburban  Eailway  Company,-  its  successors  and  assigns,  the  right 
to  operate  and  maintain  street  railroads  within  the  City  of  Austin," 
and  said  company  shall  construct  and  maintain  proper  crossings  on 
said  turnout. 

Passed  January  21,  1896.     ' 

Approved  January  31,  1896. 


AN  ORDINANCE  TO  BE  ENTITLED  AN  ORDINANCE  EX- 
TENDING TO  THE  AUSTIN  DAM  AND  SUBURBAN  RAIL- 
ROAD FOR  A  PERIOD  OF  ONE  YEAR,  THE  RIGHTS  AND 
PRIVILEGES  GRANTED  TO  IT  BY  ORDINANCE  OF  THE 
CITY  OF  AUSTIN  OF  DATE  JULY  3,  1895,  SO  AS  TO  ALLOW 
AN  ADDITIONAL  YEAR  IN  WHICH  TO  BEGIN  WORK  ON 
ANY  EXTENSIONS  OR  ADDITIONS  TO  THEIR  TRACKAGE 
AS  NOW  IN  OPERATION,  AND  TO  REPEAL  ALL  ORDI- 
NANCES IN  CONFLICT  WITH  THIS  ORDINANCE. 


Whereas,  By  ordinance  of  date  July  3,  1895,  the  City  of  Austin 
granted  to  the  Austin  Dam  and  Suburban  Railway  the  right  to  extend 
its  tracks  over  certain  streets  in  the  City  of  Austin,  Texas,  and  operate 
their  cars  thereon  subject  to  certain  conditions  and  limitations,  which 
rights  and  privileges,  as  well  as  the  conditions  and  limitations,  appear 
fully  on  the  records  of  the  ordinances  of  the  City  of  Austin  on  page 
No.  46  of  Book  D,  which  are  hereby  referred  to  for  particulars  and 
made  a  part  of  this  ordinance;  and 

Whereas,  By  reason  of  the  stringency  of  the  times  and  the  scarcity 
of  money  it  is  impossible  for  said  Austin  Dam  and  Suburban  Railway 
to  comply  with  said  conditions  and  begin  the  work  of  extension  within 
the  three  years  allowed  by  said  ordinance;  and 

Whereas,  The  said  Austin  Dam  and  Suburban  Railway  is  now  in  a 
condition  to  begin  work  on  their  extensions  and  push  the  same  to  com- 
pletion, to  the  material  advantage  of  the  City  of  Austin ;  therefore 


Appendix.  311 

Be  it  ordained  by  the  City  Council  of  the  City  of  Austin,  That  the 
time  of  limitation  made  in  said  ordinance  of  July  3,  1895,  be  and  the 
same  is  hereby  extended  for  a  period  of  one  year  from  the  3rd  day  of 
July,  1898,  so  that  said  Austin  Dam  and  Suburban  Kailway  shall  have 
until  July  3,  1899,  within  which  to  begin  the  work  of  extensions  set 
out  in  said  ordinance  above  referred  to  as  completely  and  in  the  same 
manner  as  they  would  have  had  if  the  term  of  limitation  in  said  ordi- 
nance had  been  for  a  period  of  four  years  instead  of  three  and  the 
said  Austin  Dam  and  Suburban  Eailway  is  hereby  granted  the  same 
rights  and  privileges  as  therein  granted,  subject  to  the  same  conditions 
and  limitations  as  therein  specified,  except  as  by  this  ordinance  other- 
wise provided. 

That  this  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Passed  February  6,  1899. 

Approved  February  6,  1899. 


AN  OEDINANCE  SELLING  AND  CONVEYING  AND  AUTHOK- 
IZING,  DIRECTING  AND  EEQUIEING  THE  MAYOE  OF  THE 
CITY  OF  AUSTIN  TO  MAKE  A  DEED  OF  CONVEYANCE  TO 
THE  AUSTIN  DAM  AND  SUBURBAN  EAILWAY  COMPANY, 
ITS  SUCCESSOES  AND  ASSIGNS  OF  THE  PEOPEETY  OF 
THE  CITY  OF  AUSTIN,  KNOWN  AS  THE  AUSTIN  DAM 
EAILROAD,  AND  GRANTING  TO  THE  SAID  AUSTIN  DAM 
AND  SUBURBAN  RAILWAY  COMPANY,  ITS  SUCCESSORS 
AND  ASSIGNS  THE  RIGHT  TO  OPERATE  AND  MAINTAIN 
STREET  RAILROADS  WITHIN  THE  CITY  OF  AUSTIN. 


Section  1.  .  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  City  of  Austin,  in  consideration  of  the  sum  of  forty-three 
thousand  and  five  hundred  dollars  ($43,500.00),  by  the  performance  of 
said  contract,  hereby  sells  and  conveys  unto  the  said  Austin  Dam  and 
Suburban  Railway  Company  (a  corporation  duly  incorporated,  organized 
and  existing  under  and  by  virtue  of  the  laws  of  the  State  of  Texas,  and 
having  its  principal  office  in  the  City  of  Austin,  Travis  County,  Texas), 
all  that  certain  property  known  as  the  Austin  Dam  Railroad  situated 
in  the  City  of  Austin,  Travis  County,  Texas,  extending  along  the  Boule- 
vard and  Cedar  Street  from  the  power  house  at  the  dam  to  East  Avenue 
in  the  City  of  Austin,  including  all  the  rights,  franchises,  right  of  way 
property  and  privileges  conveyed  to  the  said  Fort  Wayne  Electric  Com- 
pany, and  contracted  to  be  conveyed  to  it  by  the  City  of  Austin  in  the 
contract  entered  into  between  the  said  City  of  Austin  and  the  said  Fort 


312  Appendix. 

Wayne  Electric  Company,  dated  the  22nd  day  of  March,  A.  D.  1894, 
and  the  Mayor  of  said  City  of  Austin  is  hereby  authorized,  directed  and 
required,  in  the  name  of  the  City  of  Austin,  to  make,  execute,  acknowl- 
edge and  deliver  a  proper  deed  of  conveyance  to  the  said  Austin  Dam 
and  Suburban  Eailway  Company  conveying  said  property  to  it,  its 
successors  and  assigns. 

Sec.  2,  That  the  said  Austin  Dam  and  Suburban  Railway  Company, 
its  successors  and  assigns,  are  hereby  granted  the  right  for  the  period  of 
fifty  years  from  the  taking  effect  of  this  ordinance,  to  maintain  and 
operate  the  said  Austin  Dam  Eailroad,  and  to  construct,  maintain  and 
operate  single  lines  of  railroad  tracks  along  and  over  any  of  the  streets 
of  the  City  of  Austin  not  now  occupied  by  the  tracks  of  the  Austin 
Rapid  Transit  Railway  Company,  and  also  the  right  to  construct  and 
operate  a  single  track  on  any  street  now  or  hereafter  occupied  by  the  said 
Austin  Rapid  Transit  Railway  Company  for  not  more  than  four  blocks, 
except  on  Congress  Avenue,  on  which  it  may  lay  a  single  track  from 
Fourth  (4th)  Street  northward  to  the  south  side  of  the  capitol  enclosure 
with  privilege  of  having  a  double  line  of  track  on  the  line  of  the  present 
Austin  Dam  Railroad;  provided,  that  the  said  grantee,  its  successors  and 
assigns,  shall  not  use  steam  as  a  motive  power. 

Sec.  3.  That  the  said  Austin  Dam  Railroad  shall  be  operated  by  the 
said  Austin  Dam  and  Suburban  Railway  Company  by  electric  power 
only,  after  the  completion  of  the  city's  system  of  water  and  light  works 
now  in  course  of  construction;  provided,  that  the  said  Austin  Dam  and 
Suburban  Railway  Company  shall  first  have  six  months  written  notice 
that  steam  is  no  longer  to  be  used  as  power. 

Sec.  4.  That  the  said  Austin  Dam  and  Suburban  Railway  Company, 
its  successors  and  assigns,  shall  have  the  right  to  attach  cross  suspension 
wires  for  the  support  of  its  trolley  wires  to  the  poles  of  the  main  electric 
lines  of  the  electric  light  system  of  the  City  of  Austin  along  the  Boule- 
vard and  Cedar  Street.  ■ 

Sec.  5.  That  the  said  Austin  Dam  and  Suburban  Railway  Company, 
its  successors  and  assigns,  shall  keep  and  maintain  its  tracks  not  more 
than  one  inch  above  or  below  the  grade  of  the  streets,  and  should  the 
city  pave  any  streets  on  which  said  tracks  may  be,  said  company  shall 
at  its  expense  pave  between  its  rails  and  for  one  foot  on  the  out- 
side thereof,  with  material  and  workmanship  of  the  same  quality  as 
that  used  by  the  city,  and  keep  the  same  in  repair.  If  said  company 
fails  to  comply  with  the  conditions  of  this  section,  or  either  of  them,  on 
being  notified  by  the  city^so  to  do,  the  work  may  be  done  by  the  city  and 
the  reasonable  expense  thereof  shall  be  paid  by  said  company  to  the 
city  on  the  completion  of  said  work. 


Appendix.  313 

Sec.  6.  That  the  said  Austin  Dam  and  Suburban  Eailway  Company, 
its  successors  and  assigns,  shall  within  three  years  from  the  passage  of 
this  ordinance  build  and  put  in  operation  at  least  one  mile  of  railroad 
tracks  in  addition  to  that  already  built,  and  in  case  the  said  one  mile 
of  railroad  is  not  built  and  put  in  operation  within  three  years  from 
the  passage  of  this  ordinance,  then  the  said  Austin  Dam  and  Suburban 
Eailway  Company,  its  successors  and  assigns,  shall  not  have  any  further 
right  to  build  additional  lines  of  railroad  tracks  on  any  of  the  streets 
of  the  said  City  of  Austin  not  then  accupied  by  it;  provided,  that  the 
failure  to  build  and  operate  said  additional  mile  of  railroad  tracks  within 
said  three  years  shall  in  no  way  affect  or  impair  the  other  rights  and 
franchises  granted  by  this  ordinance  to  the  said  Austin  Dam  and  Subur- 
ban Railway  Company,  its  successors  and  assigns;  and  provided  further, 
that  said  Austin  Dam  and  Suburban  Eailway  Company  shall  forfeit 
all  rights  and  franchises  herein  granted,  on  all  streets  upon  which  cars 
are  not  operated  within  ten  years  from  the  taking  effect  of  this  ordinance. 

Sec.  7.  That  the  said  City  of  Austin  shall  have  the  right  of  free 
trackage  over  the  said  Austin  Dam  Eailroad  as  now  constructed  for  all 
material  to  be  used  in  the  construction  and  repair  of  the  dam,  water 
and  light  works  of  the  said  city;  provided,  that  all  such  construction 
and  repair  traffic  shall  be  carried  on  in  such  way  as  not  to  interfere 
with  the  regular  time  table  of  the  said  Austin  Dam  and  Suburban 
Eailway  Company;  and  provided  further,  that  the  said  right  of  free 
trackage  shall  not  be  assigned  by  the  said  City  of  Austin,  nor  shall  such 
right  of  free  trackage  be  exercised  by  any  corporation  or  person  other 
than  the  said  City  of  Austin. 

Sec.  7a.  Said  railway  may  run  across  all  railway  tracks  in  the  city 
and  over  all  bridges  and  culverts  built  or  owned  by  the  city,  which 
the  proper  city  authorities  shall  determine  to  be  large  enough  and  strong 
enough  to  admit  of  such  use,  and  still  accommodate  all  travel  over  the 
same,  such  railway  company  shall  pay  such  proportion  of  the  expenses 
of  keeping  the  bridges  and  culverts  in  repair  and  order  as  the  width 
of  the  track  may  bear  to  the  width  of  the  bridge  or  culvert. 

Sec.  7b.  That  said  Austin  Dam  and  Suburban  Eailway  shall  not 
charge  exceeding  five  (5)  cents  fare  for  one  continuous  passage  from 
any  point  of  boarding  the  cars  to  the  end  of  the  line  of  said  company. 

Sec.  8.  That  this  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Passed  July  3,  1895. 

Approved  July  3,   1895, 


314  Appendix. 

AN  OEDIXAJ^CE  GRANTING  TO  THE  AUSTIN  DAM  AND 
SUBURBAN  RAILWAY  COMPANY  THE  RIGHT  TO  OPERATE 
ITS  RAILROAD  BY  ELECTRICITY  OR  STEAM,  OR  BOTH, 
UPON  CERTAIN  CONDITIONS,  COVENANTS  AND  CONSID- 
ERATIONS, UPON  CERTAIN  STREETS  OF  THE  CITY  OF 
AUSTIN. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  there  is  hereby  granted  to  the  Austin  Dam  and  Suburban  Railway 
Company,  its  successors  and  assigns,  upon  conditions,  covenants  and  con- 
siderations hereinafter  expressed,  the  right  to  use,  as  motive  power,  either 
electricity  or  steam,  or  both  electricity  and  steam,  in  the  operation  of  its 
railroad  upon  the  streets  of  the  City  of  Austin,  as  follows : 

Extending  along  the  Boulevard  and  Cedar  or  Fourth  Street  from 
the  terminus  of  its  line  near  the  place  where  the  power  house  formerly 
stood  at  the  Austin  dam,  before  the  destruction  of  said  dam,  to  the 
place  where  the  main  line  of  the  Austin  Dam  and  Suburban  Railway 
crosses  under  the  main  line  of  the  International  &  Great  Northern 
Railroad,  with  the  right  to  maintain  for  the  operation  of  its  railroad 
the  connection  now  existing  between  the  main  line  of  said  Austin  Dam 
and  Suburban  Railway  and  the  main  line  of  said  International  &  Great 
Northern  Railroad,  a  short  distance  west  of  said  crossing,  and  with  the 
right  to  form  at  San  Antonio  Street  a  connection  with  the  main  line  of 
said  International  &  Great  Northern  Railroad,  and  from  San  Antonio " 
Street  to  East  Avenue,  going  along  and  crossing  such  streets  as  may 
be  necessary  to  reach  East  Avenue,  and  with  the  right  to  operate  a  con- 
tinuous line,  its  railroad  from  its  terminus  near  the  former  site  of  the 
power  house  at  the  Austin  dam  to  East  Avenue,  including  as  part  of  its 
operated  line,  so  much  of  the  main  line  of  the  International  &  Great 
Northern  Railroad  as  lies  between  the  connection  first  hereinbefore 
mentioned  and  the  connection  at  San  Antonio  Street. 

Sec.  2.  That  this  ordinance  is  granted  upon  condition  that  said 
Austin  Dam  and  Suburban  Railway  Company,  its  successors  and  assigns, 
will  indemnify  and  hold  the  City  of  Austin  harmless  against  all  claims 
and  demands  for  damages  resulting  from  the  construction  and  mainten- 
ance or  operation  of  said  railroad,  to  either  persons  or  property,  and 
that  if  the  City  of  Austin  shall  be  sued  upon  any  claim  or  demand,  the 
said  Austin  Dam  and  Suburban-  Railway  Company,  its  successors  and 
assigns  will  defend  the  suit  or  suits  that  may  be  instituted,  and  will 
pay  all  attorney's  fees  for  defending  the  same,  and  all  court  costs  that 
may  be  adjudged  therein  against  said  City  of  Austin,  and  will  pay  off 
and  satisfy  all  judgments  that  may  be  rendered  in  such  suit  or  suits 
against  said  city. 


Appendix.  315 

Sec.  3.  That  in  consideration  of  the  rights  and  privileges  granted 
by  this  ordinance  the  Austin  Dam  and  Suburban  Railway  Company 
binds  itself,  its  successors  and  assigns,  in  case  the  dam  across  the  Colo- 
rado Eiver  is  reconstructed,  upon  or  near  the  site  formerly  occupied  by 
the  dam,  to  furnish  adequate  facilities  for  the  transportation  of  freight 
and  passengers  over  its  line  of  railroad  between  said  dam,  when  recon- 
structed, and  all  parts  of  its  line  of  railroad,  as  above  defined,  extending 
eastward  from  said  dam  to  East  Avenue  in  said  City  of  Austin. 

Sec.  4.  That  in  further  consideration  of  the  rights  and  privileges 
granted,  said  Austin  Dam  and  Suburban  Eailway  Company  binds  itself, 
its  successors  and  assigns,  to  remove  from  the  streets  that  portion  of 
its  track  extending  from  the  intersection  of  Fourth  and  Brazos  Streets; 
thence  in  a  northerly  direction  up  Brazos  Street  to  Eleventh  Street ; 
thence  east  along  Eleventh  Street  to  the  alley  east  of  the  General  Land 
Office  of  the  State  of  Texas;  thence  in  a  northerly  direction  up  said 
alley  to  its  intersection  of  Thirteenth  Street;  thence  in  a  westerly 
direction  along  Thirteenth  Street  to  Brazos  Street;  thence  in  a  northerly 
direction  up  Brazos  Street  to  its  intersection  with  Seventeenth  Street; 
thence  in  a  westerly  direction  with  Seventeenth  Street  to  Congress  Ave- 
nue; thence  in  a  northerly  direction  up  Congress  Avenue  to  Nineteenth 
Street;  thence  in  a  westerly  direction  with  Nineeenth  Street  to  Wichita 
Street ;  thence  in  a  northerly  direction  with  Wichita  -Street  to  Twenty- 
first  Street;  and  to  restore  said  streets  after  removal  of  said  tracks  to 
good  condition  for  travel  to  the  satisfaction  of  the  Street  Committee 
and  City  Engineer.  And  in  further  consideration  of  the  rights  and 
privileges  granted  by  this  ordinance,  said  Austin  Dam  and  Suburban 
Eailway  Company  hereby  binds  itself,  its  successors  and  assigns,  to 
remove  from  the  streets  that  portion  of  its  tracks  extending  from  the 
place  where  the  main  line  of  said  Austin  Dam  and  Suburban  Railway 
crosses  under  the  main  line  of  said  International  &  Great  Northern  Rail- 
road to  San  Antonio  Street,  and  place  said  street  in  good  condition  for 
travel  to  the  satisfaction  of  the  Street  Committee  and  City  Engineer. 

Sec.  5.  Should  said  Austin  Dam  and  Suburban  Railway  Company, 
its  successors  and  assigns,  at  any  time  fail,  neglect  or  refuse  to  comply 
with  any  of  the  terms  or  provisions  of  this  ordinance,  or  with  any  valid 
police  regulations  which  may  hereafter  be  prescribed  by  the  city  gov- 
erning the  operation  of  said  road,  all  rights,  privileges  and  franchises 
hereby  or  previously  granted  to  said  company  by  the  city  shall  lapse  and 
become  forfeited. 

Sec.  6.  That  said  Austin  Dam  and  Suburban  Railway  Company, 
its  successors  and  assigns,  shall  place  and  keep  in  good  condition  for 
travel,  to  the  satisfaction  of  the  Street  Committee  and  City  Engineer, 


316  Appendix. 

that  portion  occupied  by  its  tracks  and  one  foot  more  next  to  each  end 
of  its  cross-ties,  being  approximately  ten  feet  of  the  streets  over  which 
it  is  hereby  given  the  right  to  operate  its  cars,  and  shall  place  and 
keep  its  tracks  on  said  streets  in  such  condition  that  vehicles  can  cross 
said  tracks  at  any  point  thereon. 

Sec.  7.  That  all  ordinances  and  parts  of  ordinances  in  conflict  here- 
with are  hereby  repealed.  • 

Sec.  8.  That  this  ordinance  shall  take  effect  and  be  in  force  only 
from  and  after  its  final  passage,  and  the  acceptance  in  writing  of  said 
ordinance  to  be  filed  in  the  office  of  the  City  Clerk  on  or  before  August 
30,  1903,  by  said  company. 

Sections  1  to  4,  inclusive,  passed  July  6,  1903. 

Approved  July  10,  1903. 

Sections  5  to  8,  inclusive,  passed  July  20,  1903. 

Approved  July  22,  1903. 


AN"  ORDINANCE  AUTHORIZING  THE  AUSTIN  DAM  AND 
SUBURBAN  RAILWAY  COMPANY  TO  CONSTRUCT,  MAIN- 
TAIN AND  OPERATE  CERTAIN  SPUR  TRACKS  CONNECT- 
ING WITH  ITS  MAIN  LINE  TRACK  ON  FOURTH  STREET 
IN  THE  CITY  OF  AUSTIN. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  City  of  Austin  does  hereby  grant  to  the  Austin  Dam  and 
Suburban  Railway  Company,  its  successors  and  assigns,  the  right,  privi- 
lege and  franchise  to  construct,  maintain  and  operate  spur  tracks  con- 
necting with  its  main  line  track  on  Fourth  Street,  in  the  City  of  Austin, 
as  follows :  On  the  north  side  of  its  said  main  line  track  between  San 
Jacinto  Street  and  Neches  Street,  crossing  between  these  streets  Trinity 
Street;  on  both  the  north  and  south  side  of  its  main  line  track  between 
Congress  Avenue  and  San  Jacinto  Street,  crossing  between  these  streets 
Brazos  Street,  extending  spur  on  south  of  Fourth  Street  so  as  to  pass 
in  front  of  or  on  to  Lot3  11  and  12  in  Block  31;  on  both  the  north  and 
south  sides  of  its  main  line  track  between  Lavaca  Street  and  Con- 
gress Avenue,  crossing  between  these  streets  Colorado  Street;  on  the 
south  side  of  its  main  line  track  between  Guadalupe  Street  and  Lavaca 
Street,  all  of  said  tracks  being  shown  on  blue  print  filed  on  the  first 
day  of  February,  1904,  and  now  on  deposit  in  the  office  of  the  City 
Clerk  of  the  City  of  Austin,  the  same  bearing  the  signature  of  L.  Trice, 
president  of  the  Austin  Dam  and  Suburban  Railway  Company,  and 
H.  G.  Lee,  City  Engineer  of  the  City  of  Austin. 

Sec.  2.     That  said  Austin  Dam  and  Suburban  Railway  Company,  its 


Appendix.  317 

successors  and  assigns,  shall  place  and  keep  in  good  condition  for  travel 
to  the  satisfaction  of  the  Street  Committee  and  City  Engineer,  that 
portion  occupied  by  its  said  spur  tracks  and  one  foot  more  next  to 
each  end  of  its  cross-ties,  being  approximately  ten  feet,  of  the  streets 
over  which  it  is  hereby  given  the  right  to  construct,  maintain  and  oper- 
ate said  spur  track,  and  shall  keep  and  place  its  tracks  on  said  street 
in  such  condition  that  vehicles  can  cross  said  tracks  at  any  point  thereon; 
further,  that  no  empty  cars  be  permitted  to  remain  on  any  of  said 
sidings  longer  than  twenty-four  hours. 

Sec.  3.  That  this  ordinance  shall  be  in  force  from  and  after  its 
passage. 

Passed  February  1,  1904. 

Approved.  February  3,  1904. 


WATTS,  SYLVESTER,  FEANCHISE  FOR  GAS  WORKS. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  Sylvester  Watts,  of  St.  Louis,  Missouri,  and  his  associates,  assigns, 
or  successors,  shall  have  the  right  for  fifty  years  from  the  passage  of  this 
ordinance  to  erect,  maintain  and  operate  gas  works  within  the  City  of 
Austin  and  the  additions  thereto,  and  the  right  and  privilege  during 
said  period  of  laying,  relaying,  maintaining  and  repairing  gas  pipes 
within  the  limits  of  said  city  and  the  additions  thereto,  and  in  and  along 
any  street,  alley  or  common  in  said  city.  The  said  streets,  alleys  and 
commons  are  to  be  left  in  good  condition  and  order  and  to  the  satis^ 
faction  of  the  city  authorities. 

Sec.  2.  In  consideration  of  the  rights  and  privileges  herein  granted, 
said  Watts  and  his  associates,  or  assigns,  or  successors,  is  to  furnish 
to  the  people  of  this  city  a  good  article  of  gas  of  not  less  than  a  standard 
of  fifteen  candles  at  a  price  not  to  exceed  three  dollars  and  fifty  cents 
per  one  thousand  cubic  feet. 

Passed  October  7,  1889. 

Approved  October  11,  1889. 


CAPITOL  ICE  COMPANY. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  Capitol  Ice  Company  be  and  is  hereby  authorized  and  empow- 
ered to  use  the  premises  on  the  river  walk  in  the  City  of  Austin,  Texas, 
now  used  and  occupied  by  it  as  an  ice  factory  under  lease  from  said  city 
of  December  9,  1894,  for  the  further  purpose  of  a  cannery  and  general 
manufacturing  business. 


318  Appendix. 

Sec.  2.  That  all  parts  of  the  ordinance  dated  December  9,  1874, 
limiting  the  use  of  said  premises  by  said  company  to  the  purposes  of  an 
ice  factory  only  be  and  the  same  are  hereby  repealed. 

Passed  May  4,  1891. 

Approved  May  6,  1891. 


AN  ORDINANCE  GEANTING  TO  THE  WESTERN  UNION  TEL- 
EGRAPH COMPANY  THE  RIGHT  TO  PLACE  AND  MAIN- 
TAIN ITS  POLES  AND  LINES  IN  THE  STREETS,  ALLEYS 
AND  PUBLIC  WAYS  OF  THE  CITY  OF  AUSTIN,  STATE  OF 
TEXAS,  ON  THE  TERMS  AND  CONDITIONS  HEREIN 
STATED. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  Western  Union  Telegraph  Company,  its  successors  and  as- 
signs, are  authorized  to  erect  and  maintain  on  the  streets,  alleys  and 
public  ways  of  said  city,  the  poles  and  fixtures  and  wires  necessary 
for  the  purpose  of  supplying  the  citizens  of  said  city  and  the  public 
communication  by  telegraph,  or  other  improved  electrical  device,  such 
use  to  be  and  continue  upon  the  terms  and  conditions  hereinafter  stated. 

Sec.  8.  The  location  of  the  poles  and  lines  now  in  use  is  hereby  ap- 
proved, subject  to  change  as  may  be  from  time  to  time  ordered  by 
the  City  Council ;  and  the  location  of  all  poles  and  lines  hereafter  to  be 
erected,  and  any  change  in  the  location  of  the  poles  and  lines  now  in 
use,  or  extension  thereof,  shall  be  under  the  direction  and  control  of 
the  Superintendent  of  Streets  of  said  city. 

Sec.  3.  Said  poles  and  wires  shall  be  placed  and  maintained  so  as 
not  to  interfere  with  travel  on  said  highways,  and  said  company  shall 
hold  said  City  of  Austin  free  and  harmless  from  all  damages  arising 
by  reason  of  any  abuse  of  said  company. 

This  grant  is  made  and  is  to  be  enjoyed  subject  to  such  reasonable  regu- 
lations and  ordinances  of  a  police  nature  as  the  said  City  Council  of  said 
City  of  Austin  is  authorized  and  sees  proper  to  at  any  time  adopt,  not  de- 
structive to  the  rights  herein  granted. 

Sec.  4.  The  right  of  use  herein  granted  shall  not  be  deemed  ex- 
clusive, and  the  City  Council  of  said  City  of  Austin  reserves  the  power 
to  grant  a  like  right  of  way  to  any  other  telegraph  company;  the  same, 
however,  not  to  interfere  with  the  reasonable  and  proper  exercise  of  the 
privileges  herein  granted. 

Sec.  5.  In  consideration  whereof  said  Western  Union  Telegraph  Com- 
pany shall,  and  by  the  acceptance  of  this  ordinance  does  agree  to  allow  the 
said  City  of  Austin  to  attach  at  any  time  to  the  top  crossarm  of  any  of  said 


Appendix.  319 

poles,  where  practicable,  any  electric  fire  alarni  and  police  wires,  and 
said  poles  are  hereby  municipal  instrumentality  for  that  purpose;  pro- 
vided, however,  said  attachment  shall  be  so  made  as  to  not  interfere 
with  said  company's  use;  and  said  attachment  shall  be  made  and  main- 
tained under  the  direction  of  said  company's  manager  in  said  City  of 
Austin. 

The  said  company  shall  and  will  furnish  for  the  said  city  the  use  of 
its  poles  for  attachment  thereto  of  the  fire  alarm  boxes  without  charge  to 
said  city. 

Sec.  6.  This  ordinance  shall  take  effect  on  and  after  its  passage  and 
the  filing  by  said  company  of  unconditional  acceptance  thereof  in  the 
office  of  the  City  Clerk  of  said  city. 

Sec.  7.  That  whenever  said  company  ceases  to  operate  a  telegraph 
line  in  the  City  of  Austin,  and  ceases  to  use  the  said  poles  and  lines 
herein  provided  for  in  the  operation  of  its  line  of  telegraph,  then  said 
company  shall  remove  its  lines  and  poles  from  the  streets  and  alleys  of 
said  city  within  sixty  days  from  date  that  said  company  so  ceases  to 
use  and  operate  said  lines. 

Sec.  8.  All  ordinances  and  parts  of  ordinances,  orders  and  resolu- 
tions upon  the  subject  of  telegraph  poles,  wires,  etc.,  of  previous  date,  in 
so  far  as  the  same  relate  to  the  Western  Union  Telegraph  Company,  are 
hereby  repealed  and  annulled. 

Passed  January  18,  1892. 

Approved  January  21^  1892. 


AN  OEDINANCE  TO  AUTHOEIZE  THE  SOUTHWESTERN^  TEL- 
EGRAPH AND  TELEPHONE  COMPANY  TO  CONSTRUCT  UN- 
DERGROUND CONDUITS  FOR  LAYING  AND  CONDUCTING 
ITS  WIRES  THROUGH,  ACROSS  AND  ALONG  CERTAIN 
STREETS  AND  ALLEYS  OF  THE  CITY  OF  AUSTIN. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  permission  be  and  is  hereby  granted  to  the  Southwestern  Tele- 
graph and  Telephone  Company,  its  successors  and  assigns,  to  construct 
along,  through  and  across  the  streets  and  alleys  of  the  City  of  Austin 
hereinafter  designated  conduits  for  the  purpose  of  laying  its  cables 
and  telephone  wires;  to  lay  and  maintain  such  wires  and  cables  in  such 
conduits ;  to  construct  and  maintain  the  necessary  manholes  and  to  make 
house  connections  of  such  wires  for  the  purpose  of  carrying  on  its 
business. 

Sec.  2.  That  such  underground  conduits  shall  not  exceed  twenty-six 
hundred  feet  in  length,  and  the  permission  hereby  granted  shall  only 


320  Appendix. 

authorize  the  construction  of  such  conduits  in,  through  and  along  the 
portions  of  streets  and  alleys  of  the  City  of  Austin  as  follows:  Begin- 
ning on  south  side  of  East  Sixth  Street  at  the  alley  between  Brazos 
Street  and  Congress  Avenue;  thence  west  along  the  south  side  of  East 
Sixth  Street  across  Congress  Avenue  and  along  south  side  of  West  Sixth 
Street  to  a  point  between  Guadalupe  Street  and  San  Antonio  Street 
one  hundred  feet  west  of  Guadalupe  Street;  also  along  the  east  side  of 
Guadalupe  Street  beginning  on  south  side  of  West  Sixth  Street  where 
it  corners  with  Guadalupe  Street,  and  thence  north  to  the  alley  between 
West  Sixth  Street  and  West  Seventh  Street;  also  along  the  east  side 
of  Congress  Avenue  from  a  point  one  hundred  and  twenty-five  feet  north 
of  Sixth  Street  to  south  side  of  Sixth  Street;  also  along  the  alley 
between  Congress  Avenue  and  Colorado  Street  from  its  intersection 
of  West  Sixth  Street  south  to  a  point  in  said  alley  between  West  Fourth 
and  West  Fifth  Streets  in  rear  of  telephone  building  fronting  Congress 
Avenue  owned  by  said  company;  also  across  Congress  Avenue  from  a 
point  in  front  of  said  telephone  building  to  a  point  directly  opposite  said 
building  on  east  side  of  Congress  Avenue. 

Sec.  3.  That  all  and  every  such  conduit  shall  be  constructed  under 
the  supervision  of  the  City  Engineer  of  the  City  of  Austin;  that  only 
such  excavations  will  be  made  on  the  streets  and  alleys  as  may  be  reason- 
ably necessary  in  the  construction  of  such  conduits;  that  during  the 
progress  of  the  work  such  excavations  shall  be  surrounded  by  such  safe- 
guards for  the  protection  of  the  life,  limb  and  property  of  passengers 
through  said  streets  and  alleys  as  may  be  required  by  said  City  Engineer, 
and  that  all  streets,  alleys,  sidewalks  or  pavements  which  may  be  exca- 
vated, torn  up  or  displaced  by  said  company  in  constructing  such  con- 
duits shall  be  properly  and  safely  replaced  by  said  company  at  its  own 
expense,  and  all  manholes  shall  be  kept  by  said  company  in  safe  condi- 
tion, and  so  maintained  as  not  to  interfere  with  the  use  of  said  streets 
and  alleys. 

Passed  April  17,  1899. 

Approved  April  19,  1899. 


AN  ORDINANCE  TO  AUTHORIZE  THE  SOUTHWESTERN 
TELEGRAPH  AND  TELEPHONE  COMPANY  TO  CONSTRUCT 
UNDERGROUND  CONDUITS  FOR  LAYING  AND  CONDUCT- 
ING ITS  WIRES  THROUGH,  ACROSS  AND  ALONG  CERTAIN 
STREETS  AND  ALLEYS  OF  THE  CITY  OF  AUSTIN. 


Section  1.     Be  it  ordained  by  the  City  Council  of  the  City  of  Atistin: 
That  permission  be  and  is  hereby  granted  to  the  Southwestern  Tele- 


Appendix.  321 

graph  and  Telephone  Company,  its  successors  and  assigns,  to  construct 
along,  through  and  across  the  streets  and  alleys  of  the  City  of  Austin 
hereinafter  designated,  conduits  for  the  purpose  of  laying  its  cables  and 
telephone  wires;  to  lay  and  maintain  such  wires  and  cables  in  such 
conduits ;  to  construct  and  maintain  the  necessary  manholes  and  to  make 
house  connections  of  such  wires  for  the  purpose  of  carrying  on  its  busi- 
ness. 

Sec.  2.  That  the  permission  herein  granted  shall  only  authorize  the 
construction  of  such  conduits  in,  through,  across  and  along  the  streets 
and  alleys  of  the  City  of  Austin  designated  as  follows :  Beginning  at 
the  manhole  in  the  conduit  of  said  company  heretofore  constructed  on 
the  south  side  of  West  Sixth  Street  at  the  intersection  of  the  alley  be- 
tween Congress  Avenue  and  Colorado  Street;  thence  extending  in  a 
northerly  direction  across  West  Sixth  Street,  and  continuing  in  a  north- 
erly direction  in  and  along  the  east  side  of  the  alley  connecting  West 
Sixth  and  West  Seventh  Streets  and  between  Congress  Avenue  and 
Colorado  Streets  to  a  point  in  said  alley  two  hundred  and  thirty-eight 
feet  from  said  manhole. 

Sec.  3.  That  such  conduit  shall  be  constructed  under  the  super- 
vision of  the  City  Engineer  of  the  City  of  Austin ;  that  only  such  excava- 
tions shall  be  made  in  the  streets  and  alleys  as  may  be  reasonably  neces- 
sary in  the  construction  of  such  conduits;  that  during  the  progress  of 
the  work  such  excavations  shall  be  surrounded  by  such  safeguards  for 
the  protection  of  the  life,  limb  and  property  of  passengers  through 
said  streets  and  alleys  as  may  be  required  by  said  City  Engineer;  and 
that  all  streets,  alleys,  sidewalks  or  pavements  which  may  be  excavated, 
torn  up  or  displaced  by  said  company  in  constructing  such  conduits  shall 
be  properly  and  safely  replaced  by  said  company  at  its  own  expense, 
and  all  manholes  shall  be  kept  by  said  company  in  safe  condition,  and 
so  maintained  as  not  to  interfere  with  the  use  of  said  streets  and  alleys. 

Passed  August  7,  1899. 

Approved  August  8,  1899. 


322  Appendix. 

AN  OKDINANCE  TO  AUTHORIZE  THE  SOUTHWESTERN  TEL- 
EGRAPH AND  TELEPHONE  COMPANY  TO  CONSTRUCT  UN- 
DERGROUND CONDUITS  FOR  LAYING  AND  CONDUCTING 
ITS  WIRES  AND  CABLES  THROUGH,  ACROSS  AND  ALONG 
CERTAIN  OF  THE  STREETS  AND  ALLEYS  OF  THE  CITY 
OF  AUSTIN,  TO  LAY  AND  MAINTAIN  ITS  WIRES  AND 
CABLE  IN  SUCH  CONDUITS,  AND  PRESCRIBING  REGULA- 
TIONS FOR  THE  CONSTRUCTION  OF  SAID  WORK. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  permission  be  and  is  hereby  granted  to  the  Southwestern  Tele- 
graph and  Telephone  Company,  its  successors  and  assigns,  to  construct 
along,  through  and  across  certain  streets  and  alleys  of  the  City  of  Austin, 
as  per  a  certain  blue  print  on  file  with  the  City  Clerk,  underground 
conduits  for  the  purpose  of  laying  its  cables  and  telegraph  and  tele- 
phone wires;  to  lay  and  maintain  such  wires  and  cables  in  such  conduits; 
to  construct  and  maintain  the  necessary  manholes,  and  to  make  house 
connections  for  such  wires  and  cables  for  the  purpose  of  carrying  on 
the  business  of  such  company. 

Sec.  2.  That  during  the  progress  of  the  work  hereby  authorized  all 
excavations  shall  be  surrounded  by  proper  safeguards  for  the  protection 
of  life,  limb  and  property  of  travelers  along  the  streets  and  alleys  on 
which  the  work  is  being  executed;  and  that  all  streets,  alleys,  sidewalks 
or  pavements,  which  may  be  excavated,  torn  up  or  misplaced  by  said 
company  in  constructing  such  conduits  shall  be  properly  replaced,  re- 
covered, filled  and  repaired  by  said  company  at  its  own  expense  to  the 
satisfaction  of  the  City  Engineer  and  Street  Committee  of  the  Council. 

Sec.  3.  That  all  manholes  shall  be  left  by  said  company  in  safe 
condition  and  shall  be  so  maintained  as  not  to  interfere  with  the  use  of 
said  streets  and  alleys. 

Sec.  4.  That  the  route  to  be  followed  in  the  construction  of  said 
work  shall  be  that  shown  on  a  certain  blue  print  prepared  by  said 
company  and  filed  with  the  City  Clerk  along  with  its  petition  for  the 
franchise  herein  granted,  and  that  the  location  of  manholes,  distributing 
poles,  etc.,  shall  also  be  in  accordance  with  said  blue  print  drawing.  But 
the  particular  location  where  the  conduits  shall  be  placed  in  streets  or 
alleys  shall  be  subject  to  the  approval  of  the  City  Engineer. 

Sec.  5.  That  such  conduits  as  may  be  located  on  Congress  Avenue 
shall  not  be  nearer  than  sixteen  feet  to  the  curbing. 

Sec.  6.  That  the  present  overhead  wires  and  poles  of  said  company 
situated  in  the  streets  and  alleys  of  the  city  shall  be  taken  down  and 
removed  from  all  portions  of  the  streets  and  alleys  in  which  underground 


Appendix.  323 

conduits  are  constructed,  within  ninety  days  after  the  completion  of  said 
conduits  in  such  portions  of  said  streets  and  alleys. 

Sec.  7.  That  this  ordinance  shall  not  be  construed  as  granting  an 
exclusive  grant  to  use  any  street  or  alley  of  the  city  for  any  purpose. 

Passed  March  4,  1901. 

I,  Jno.  0.  Johnson,  City  Clerk  of  the  City  of  Austin,  Texas,  do  hereby 
certify  that  the  above  and  foregoing  ordinance  was  passed  by  the  City 
Council  of  said  city  at  a  regular  meeting  of  same,  held  on  the  4th  day 
of  March,  1901,  and  that  said  ordinance  was  placed  in  the  City  Clerk's 
office  immediately  after  its  passage  on  the  said  4th  day  of  March,  1901, 
and  that  the  Mayor  of  said  city,  failed  to  approve  or  signify  his  disap- 
proval of  same  for  a  longer  period  than  ten  days  after  said  ordinance 
was  placed  in  the  City  Clerk's  office. 

Jno.  0.  Johnson, 

City  Clerk. 

Austin,  Texas,  March  15,  1901. 


SOUTHWESTEEN  TELEGEAPH  AND  TELEPHONE  COMPANY. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  right  heretofore  given  to  erect  and  maintain  telephone  poles 
and  wires  in  said  city  is  hereby  continued ;  and  the  right  is  hereby 
granted  to  the  Southwestern  Telegraph  and  Telephone  Company,  its  suc- 
cessors and  assigns  to  erect  and  maintain  on  the  streets,  alleys  and 
public  ways  of  said  city  poles,  fixtures  and  wires,  or  either  of  them, 
necessary  and  convenient  for  the  purpose  of  supplying  the  citizens  of 
said  city  and  the  public  communication  by  telephone  or  other  electrical 
device.  This  right  of  way  is  granted  upon  condition  and  is  liable  to 
be  forfeited  at  the  instance  of  the  city  for  breach  of  the  conditions  that 
said  company  shall  not  interfere  by  suit  for  damages  or  otherwise  with 
the  construction  or  operation  of  any  other  electrical  appliances  by  the 
city  or  other  persons  or  corporations  to  whom  the  city  has  granted  or 
may  hereafter  grant  the  right  of  way  over  the  streets  and  alleys  of 
the  city  for  any  injury  or  inconvenience  which  the  construction  or 
operation  of  additional  electrical  appliances  may  unavoidably  cause  said 
telephone  company;  but  this  condition  and  restriction  shall  not  be  con- 
strued to  prevent  said  company  from  bringing  suit  for  injuries  to  its 
system  which  might  have  been  avoided  by  the  use  of  reasonable  care, 
and  such  appliances  for  preventing  injury  or  interference  of  one  system 
of  electrical  appliances  with  another  as  have  been  found  useful  and  prac- 
ticable for  such  purposes. 


324  Appendix. 

Sec.  2.  The  location  of  the  poles  and  lines  now  in  use  shall  be  sub- 
ject to  such  changes  as  the  City  Council  may  hereafter  direct. 

Sec.  3.  Said  poles  and  wires  shall  be  placed  and  maintained  so  as 
not  to  interfere  with  travel  on  said  highways,  and  said  company  shall 
hold  said  city  free  and  harmless  from  all  damages  arising  by  reason  of 
said  occupancy.  Said  poles  shall  be  so  placed  as  not  to  interfere  with 
the  flow  of  water  in  any  water,  sewer,  gas  pipe,  drain  or  gutter,  and 
in  case  of  bringing  to  grade  or  change  grade  of  any  street  or  alley,  said 
poles  shall,  by  said  company,  be  reset  so  as  to  conform  thereto.  And  this 
grant  is  made,  and  it  is  to  be  enjoyed  subject  to  all  such  reasonable 
regulations  and  ordinances  of  a  public  nature  as  said  City  Council  may 
be  authorized  or  see  proper  at  any  time  to  adopt,  not  destructive  of  the 
rights  herein  granted. 

Sec.  4.  The  right  of  use  here  given  shall  not  be  exclusive,  and  the 
Council  reserves  the  power  to  grant  like  right  of  use  to  others  for 
similar  uses. 

Sec.  5.  In  consideration  whereof,  said  Southwestern  Telegraph  and 
Telephone  Company  shall  agree  to  allow  the  city  to  attach  at  any  time 
to  any  of  said  poles  on  the  upper  arm  the  city's  fire  alarm  or  police 
wires,  and  said  poles  are  made  a  municipal  instrumentality  for  that 
purpose;  provided,  said  attachments  and  said  city  use  shall  not  be  so 
made  or  permitted  as  to  interfere  with  said  company's  use,  and  said 
attachment  shall  be  made  and  maintained  under  the  direction  of  said 
company's  manager  in  said  city.  The  said  company  is  to  furnish  for  the 
city's  business  and  without  charge  and  with  exchange  service  so  long 
as  an  exchange  is  maintained  hereunder,  one  telephone  at  the  city  hall, 
also  such  other  telephones  for  the  city's  business  as  the  Council  may 
hereafter  by  a  resolution  require  at  twenty-five  per  cent  discount  from 
the  regular  rates  from  time  to  time  for  business  purposes;  provided, 
that  for  each  of  said  telephones  separate  contracts  shall  be  previously 
signed,  containing  the  usual  provisions  of  said  contracts  or  having  en- 
florsed  thereon  the  terms  of  payment  herein  provided  for,  or  the  company 
will  ring  any  electrical  fire  gongs  that  may  be  erected  at  any  of  the 
fire  houses  without  charge;  provided,  said  gongs  are  erected  and  main- 
tained at  the  city's  expense;  but  the  city  can  have  the  use  of  any  tele- 
phone wire  without  charge  where  a  gong  may  be  substituted  for  a  tele- 
phone. 

Sec.  6.  This  ordinance  shall  take  effect  upon  the  filing  by  said 
company  of  an  unconditional  acceptance  of  the  terms  hereof  in  the  office 
of  the  City  Clerk. 

Passed  November  17,  1890. 

Approved  November  20,  1890. 


Appendix.  325 

AN  OEDIN^ANCE  TO  AUTHOEIZE  THE  SOUTHWESTERN  TEL- 
EGRAPH AND  TELEPHONE  COMPANY  TO  CONSTRUCT 
UNDERGROUND  CONDUITS  FOR  LAYING  AND  CONDUCT- 
ING ITS  WIRES  FROM  THE  PRESENT  MANHOLE  ON  THE 
UNDERGROUND  CONSTRUCTION  OF  SAID  COMPANY  AT 
THE  CORNER  OF  CONGRESS  AVENUE  ONE  HUNDRED  AND 
NINETY-TWO  (192)  FEET  EAST,  AND  FROM  SAID  POINT 
ONE  HUNDRED  (100)  FEET  NORTH  IN  AN  ALLEY  BE- 
TWEEN BRAZOS  STREET  AND  CONGRESS  AVENUE;  ALSO, 
FROM  SAID  POINT  ONE  HUNDRED  AND  FIFTY  (150)  FEET 
SOUTH  IN  SAME  ALLEY. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  permission  be  and  is  hereby  granted  to  the  Southwestern  Tele- 
graph and  Telephone  Company,  its  successors  and  assigns,  to  construct 
along,  through  and  across  the  streets  and  alleys  of  the  City  of  Austin 
the  following  underground  conduit,  towit:  Beginning  at  the  present 
manhole  of  said  company,  at  the  corner  of  Congress  Avenue  and  Fourth 
Street;  thence  east  one  hundred  and  ninety-two  (192)  feet  on  Fourth 
Street;  thence  north  through  an  alley  between  Brazos  Street  and  Con- 
gress Avenue  one  hundred  (100)  feet;  also,  thence  south  in  said  alley 
one  hundred  and  fifty  (150)  feet;  and,  also,  the  right  is  hereby  granted 
to  said  company  to  lay,  maintain  and  operate  said  wires  and  cables  in 
said  conduit  and  to  construct  and  maintain  necessary  manholes,  and 
to  make  such  necessary  house  connections  of  said  wires  carried  in  said 
conduit  as  may  be  proper  and  useful  for  the  purpose  of  carrying  on 
its  business,  and  to  connect  and  maintain  the  wires  and  cables  so  placed 
in  said  underground  conduit  with  its  underground  and  overhead  system 
of  telephone  wires,  poles  and  conduits  in  the  City  of  Austin  so  connected 
for  the  term  of  twenty-five  (25)  years  from  the  date  of  the  granting  of 
this  ordinance. 

Sec.  2.  That  the  underground  conduit  shall  be  built,  made,  con- 
structed, operated  and  maintained  in  all  respects  in  full  compliance  with 
the  said  charter  of  the  said  City  of  Austin,  and  all  lawful  ordinances 
passed  by  the  City  Council  of  the  said  City  of  Austin  governing  such 
matters,  and  in  full  and  strict  compliance  with  that  certain  ordinance 
passed  by  the  City  Council  of  Austin,  Texas,  April  17,  1899,  and  ap- 
proved April  19,  1899,  by  John  D.  McCall,  Mayor,  entitled  "An  Ordi- 
nance to  authorize  the  Southwestern  Telegraph  &  Telephone  Company 
to  construct  underground  conduits  by  laying  and  constructing  its  wires 
through,  across  and  along  certain  streets  and  alleys  of  the  City  of 
Austin." 


326  Appendix. 

Sec.  3.  Said  conduits  across  Congress  Avenue  shall  be  put  sufficiently 
below  the  surface  of  the  street  to  go  below  the  proposed  storm  sewer. 

Sec.  4.  That  this  ordinance  shall  take  effect  and  be  •  in  force  from 
and  after  its  passage. 

Passed  July  10,  1903. 

Approved  July  11,  1903. 


AN  ORDINANCE  TO  AUTHOEIZE  THE  SOUTHWESTERN  TEL- 
EGRAPH AND  TELEPHONE  COMPANY  TO  CONSTRUCT 
UNDERGROUND  CONDUITS  FOR  LAYING  AND  CONDUCT- 
ING ITS  WIRES  AND  CABLES  THROUGH,  ACROSS  AND 
ALONG  CERTAIN  STREETS  OF  THE  CITY  OF  AUSTIN,  TO 
LAY  AND  MAINTAIN  ITS  WIRES  AND  CABLES  IN  SUCH 
CONDUITS,  AND  PRESCRIBING  REGULATIONS  FOR  THE 
CONSTRUCTION  OF  SAID  WORK. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  permission  be  and  is  hereby  granted  to  the  Southwestern  Tele- 
graph and  Telephone  Company,  its  successors  and  assigns,  to  construct 
along,  through  and  across  certain  streets  of  the  City  of  Austin  under- 
ground conduits  for  the  purpose  of  laying  wires  and  cables  in  such  con- 
duits; to  construct  and  maintain  the  necessary  manholes,  and  to  make 
house  connections  of  such  wires  and  cables  for  the  purpose  of  carrying  on 
the  business  of  such  company  as  follows :  From  the  corner  of  Sixth  and 
Lavaca  Streets  to  the  southwest  corner  of  sixth  and  San  Antonio  Streets; 
from  the  corner  of  Sixth  and  San  Antonio  Streets  to  the  second  pole 
north  of  Sixth  Street  on  San  Antonio  Street  on  east  side  of  San  Antonio 
Street;  one  standard  two-way  manhole  to  be  located  at  the  corner  of 
Sixth  and  Guadalupe  Streets,  and  one  two-way  manhole  at  the  south- 
west corner  of  Sixth  and  San  Antonio  Streets. 

Sec.  2.  That  during  the  progress  of  the  work  hereby  authorized  all 
excavations  shall  be  surrounded  by  proper  safeguards  for  the  protection 
of  life,  limb  and  property  of  travelers  along  the  streets  on  which  the 
work  is  being  executed;  and  that  all  streets,  alleys,  sidewalks  and  pave- 
ments which  may  be  excavated,  torn  up,  or  misplaced  by  said  company 
in  constructing  said  conduits,  shall  be  properly  replaced,  recovered,  filled 
and  repaired  by  said  company  at  its  own  expense  to  the  satisfaction  of 
the  City  Engineer  and  Street  Committee  of  the  Council. 

Sec.  3.  That  all  manholes  shall  be  left  by  said  company  in  safe 
condition  and  shall  be  so  maintained  as  not  to  interfere  with  the  use  of 
said  streets. 

Sec.  4.     That  the  route  to  be  followed  in  the  construction  of  said  work 


Appendix.  327 

shall  be  that  shown  on  the  plat  prepared  by  said  company  and  filed  with 
the  City  Clerk,  and  the  location  of  the  manholes,  distributing  poles,  etc., 
shall  also  be  in  accordance  with  said  plat;  but  the  particular  location 
of  the  conduits  in  the  streets  shall  be  subject  to  the  approval  of  the 
City  Engineer. 

Sec.  5.  That  the  present  overhead  wires  and  poles  of  said  company 
situated  in  the  streets  of  the  city  along  the  course  of  the  conduits  herein 
provided  for  shall  be  taken  down  and  removed  within  six  months  after 
the  completion  of  said  conduits. 

Sec.  6.  That  this  ordinance  shall  not  be  construed  as  granting  ex- 
clusive rights  to  use  any  street  or  streets  of  the  City  of  Austin  for  any 
purpose. 

Passed  June  18,  1906: 

Approved  June  22,  1906. 


AN  ORDINANCE  GRANTING  TO  THE  POSTAL  TELEGRAPH 
CABLE  COMPANY  OF  TEXAS  THE  RIGHT  TO  CONSTRUCT, 
OPERATE  AND  MAINTAIN  ITS  LINES  OF  TELEGRAPH 
POLES,  WIRES,  FIXTURES  AND  APPURTENANCES  UPON, 
ALONG  AND  OVER  THE  STREETS,  ALLEYS  AND  PUBLIC 
WAYS  OF  THE  CITY  OF  AUSTIN,  TEXAS,  AND  GRANTING 
SAME  ALL  UPON  THE  TERMS  AND  CONDITIONS  HEREIN 
STATED. 


Section  1.  Bp,  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  right  is  hereby  granted  to  the  Postal  Telegraph  Cable  Com- 
pany of  Texas,  its  successors  and  assigns,  to  construct,  operate  and 
maintain  its  lines  of  telegraph  poles,  wires,  fixtures  upon  and  along  and 
over  the  streets,  alleys  and  public  ways  of  the  City  of  Austin,  except 
Congress  Avenue,  unless  placed  underground,  subject  to  all  the  laws  and 
ordinances  now  in  force  regarding  the  construction  and  maintenance 
of  such  lines  of  poles  and  wires. 

Sec.  2.  That  such  line  of  poles  and  wires  shall  be  so  erected  and 
maintained  as  not  to  obstruct  the  travel  upon  said  streets,  nor  interfere 
with  the  flow  of  water  in  any  pipe,  drain,  ditch  or  culvert;  and  in  the 
event  of  change  of  grade,  or  bringing  to  grade  of  any  of  the  streets, 
alleys  or  public  ways,  said  poles  shall  by  said  company  be  so  changed 
or  set  at  its  own  expense  as  to  conform  thereto;  and  said  company  shall 
save  and  hold  said  city  free  and  harmless  from  all  damage  arising  from 
the  erection  or  maintenance  of  said  line  of  poles  and  wires;  and  the 
acceptance  of  said  company  of  the  terms  and  provisions  of  this  ordi- 
nance shall  bind  said  company  to  submit  to  any  and  all  reasonable  regu- 


328  Appendix. 

lations  which  may  hereafter  be  imposed  by  said  city,  which  among  other 
reasonable  regulations  shall  include  the  right  in  the  City  Council  to  re- 
quire said  company  to  place  its  wires  underground  when  the  system 
of  overhead  wires  in  the  city  shall  be  abolished  and  prohibited. 

Sec.  3.  That  this  grant  shall  not  be  exclusive,  and  the  said  city  re- 
serves the  right  to  grant  like  rights  of  the  use  of  the  public  streets  to 
others  for  similar  uses;  provided,  that  such  use  shall  not  prevent  or 
interfere  with  the  proper  exercise  of  the  rights  and  privileges  herein 
granted. 

Sec.  4.  That  the  location  and  erection  of  said  poles  and  the  manner 
of  placing  and  maintaining  the  wires  thereon  shall  be  under  the  direction 
of  the  Street  Committee  and  the  City  Engineer,  subject  to  the  approval 
of  the  City  Council. 

Sec.  5.  The  construction  and  erection  of  said  line  of  poles  and  wires 
in  said  city  shall  be  commenced  within  three  months  from  the  passage 
of  this  ordinance,  and  shall  be  completed  within  six  months  from  that 
date.  Upon  failure  of  said  company  to  comply  with  these  requirements 
or  with  any  other  requirements  of  this  ordinance,  all  its  rights  herein 
shall  be  forfeited,  and  said  city  shall  have  the  right,  by  ordinance,  to 
declare  this  contract  annulled. 

Sec.  6.  In  consideration  whereof  the  said  City  of  Austin  shall  have 
the  right  to  use  as  much  as  the  upper  crossarms  of  said  poles  as  may 
be  necessar}'  for  its  fire  alarm  and  police  telegraph  wires;  provided,  that 
the  said  city's  uge  of  same  shall  not  be  so  made  or  continued  as  to  in 
any  manner  obstruct  or  interfere  with  the  use  of  said  poles  by  said  tele- 
graph company,  and  all  work  of  placing  wires  or  fixtures  of  said  city 
upon  said  poles  shall  be  done  under  the  direction  of  the  telephone  com- 
pany's manager  in  said  city. 

Sec.  7.  That  this  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval,  and  filing  by  the  said  telegraph 
company  of  its  unconditional  acceptance  of  the  terms  hereof,  which 
acceptance  shall  be  made  in  writing  within  ten  days  after  this  ordinance 
shall  have  been  approved. 

Passed  January  17,  1898. 

Approved  January  18,  1898. 


Appendix.  339 

AN  OEDINANCE  GRANTING  TO  J.  B.  EAEL  AND  J.  E.  BOYN- 
TON,  THEIR  ASSOCIATES  AND  ASSIGNS,  THE  RIGHT  AND 
PRIVILEGE  TO  BUILD,  MAINTAIN  AND  OPERATE  A  SYS- 
TEM OF  TELEPHONES  AND  TELEPHONE  EXCHANGE  IN 
THE  CITY  OF  AUSTIN,  AND  GRANTING  THE  RIGHT  OF 
WAY  AND  OTHER  PRIVILEGES  ON  THE  STREETS  AND 
SQUARES,  PUBLIC  GROUNDS  AND  ALLEYS  OF  THE  CITY 
OF  AUSTIN. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  J.  B.  Earl  and  J.  E.  Boynton,  their  associates  and  assigns,  are 
hereby  granted  the  right  and  privilege  to  build,  erect  and  maintain  for 
a  period  of  thirty  years  from  the  date  of  the  passage  of  this  ordinance, 
a  system  of  telephones  and  a  telephone  exchange  in  the  City  of  Austin, 
subject  to  the  rights,  conditions  and  terms  hereinafter  expressed,  for 
the  purpose  of  furnishing  and  supplying  to  the  residents  of  the  "said 
city  and  the  public  at  large  service  and  communication  by  telephone,  and 
to  that  end  to  erect  and  maintain  poles,  stubs  and  guys,  and  to  stretch 
wire  in,  over  and  upon  the  streets,  squares,  public  grounds  and  alleys 
of  the  City  of  Austin,  and  to  construct  under  said  streets,  where  de- 
sired or  required,  conduits  for  conveying  wires  and  cables. 

Sec.  2.  The  location,  shape  and  dimensions  of  such  poles,  stubs  and 
guys,  and  the  character  and  location  of  such  conduits,  shall  be  subject 
to  the  direction  of  the  City  Engineer  and  City  Electrician,  such  control 
and  direction  to  be  reasonable  and  not  to  afPect  the  rights  herein  granted, 
such  directions  shall  be  given  on  application,  and  to  be  subject  to  con- 
trol of  the  City  Council. 

Sec.  3.  Said  poles,  stubs,  guys  and  wires  shall  be  so  placed  and 
maintained  as  not  to  interfere  with  travel  on  said  streets,  squares,  public 
grounds  and  alleys;  and  all  said  poles  and  stubs  shall  be  so  placed  as 
not  to"  interfere  with  the  flow  of  water  in  any  sewer,  drain  or  gutter,  or 
with  the  full  use  of  any  gas  pipes;  and  in  case  of  the  city's  making  or 
changing  the  grade  in  any  street  or  alley  all  poles  necessary  shall  be 
reset  by  the  grantees. 

Sec.  4.  This  grant  is  subject  to  all  existing  police  regulations  and 
also  to  all  reasonabe  regulations  adopted  in  the  future  by  the  City 
Council  of  the  City  of  Austin. 

Sec.  5.  The  grant  herein  contained  is  not  exclusive,  and  said  City 
Council  reserves  the  power  to  grant  like  rights  of  use  to  others,  not  to 
interfere,  however,  with  the  proper  exercise  of  the  rights  and  privileges 
herein  granted. 

Sec.  6.  The  grant  and  privileges  herein  contained  are  upon  the  con- 
siderations and  conditions  following: 


330  '\i'PENDIX. 

(1)  The  grantees  shall,  within  sixty  days  of  the  date  of  the  passage 
of  this  ordinance,  file  with  the  City  Clerk  their  written  acceptance  of 
the  same. 

(2)  The  grantees,  their  associates  and  assigns  shall  with  reasonable 
dispatch  construct  said  telephone  exchange;  and  the  construction  of 
same  shall  be  begun  within  six  months  of  the  adoption  of  this  ordinance 
on  the  acceptance  of  its  conditions,  and  said  telephone  exchange  shall 
begin  operation  not  later  than  fifteen  months  after  the  acceptance  of 
this  ordinance. 

(3)  The  grantees,  their  associates  and  assigns,  shall  never  charge 
for  the  rental  of  the  telephones  in  such  exchange  exceeding  three  dollars 
($3.00)  and  two  dollars  ($2.00)  per  month  for  business  and  residence 
telephones,  respectively. 

(4)  Said  telephone  exchange  shall  be  constructed,  maintained  and 
operated,  as  far  as  possible,  by  labor  employed  in  the  Cit}'  of  Austin  or 
Travis  County,  preference  being  given  in  all  instances  first  to  the  city, 
then  to  said  county  in  the  selection  of  employes. 

(5)  The  City  of  Austin,  at  all  times  during  the  life  of  this  franchise, 
shall  have  the  right  to  use  space  necessary  on  the  poles  and  crossarms 
and  in  the  conduits  belonging  to  the  grantees  in  said  exchange  for  the 
location  of  police  and  fire  alarm  wires. 

(6)  At  all  times  during  the  life  of  this  franchise  the  grantees,  their 
associates  and  assigns,  shall  furnish  to  the  City  of  Austin,  without 
charge,  the  use  of  fifteen  telephone  instruments,  connected  with  the 
lines  of  said  exchange,  and  shall  maintain  and  operate  the  same,  the 
location  of  said  instruments  to  be  determined  by  the  City  Council  of  said 
city. 

(7)  Within  sixty  days  after  the  passage  of  this  ordinance  and  at 
or  prior  to  the  lime  the  grantees  shall  file  their  acceptance  hereinbefore 
provided-  for  they  shall  execute  a  bond  to  be  approved  by  the  Mayor  of 
said  city  in  the  sum  of  ten  thousand  dollars  ($10,000.00)  conditioned 
to  construct  said  plant  as  herein  provided  for  and  to  protect  the  City 
of  Austin  against  all  damages  and  causes  of  action  by  reason  of  the 
construction  or  maintenance  of  said  telephone  exchange,  and  for  the 
restoration  of  all  streets  to  their  former  conditions  and  uses. 

(8)  That  said  telephone  exchange  shall  be  maintained  and  operated 
in  good  condition  during  the  life  of  this  contract. 

(9)  That  the  franchise  herein  granted  shall  never  be  sold  or  trans- 
ferred to  any  person,  persons  or  corporations  noAv  owning,  operating- 
or  in  any  manner  inter^gted  in  a  telephone  exchange  in  the  City  of 
Austin,  or  who  at  the  time  may  be  interested  in  any  competitive  ex- 
change in  said  city,  or  any  person,  persons  or  company  who  may  own, 


Appendix.  331 

control  or  hold  any  stock  or  shares  in  any  telephone  company  now  operat- 
ing or  who  may  hereafter  operate  a  telephone  company  in  said  City  of 
Austin. 

(10)  That  all  wires  located  on  Congress  Avenue  between  First  and 
Eleventh  Streets  and  on  Sixth  Street  between  East  and  West  Avenues 
shall  be  conveyed  in  underground  conduits,  and  such  other  portions  of 
said  exchange  as  the  City  Council  may  from  time  to  time  require  shall 
be  put  underground  upon  twelve  months'  notice. 

Passed  December  4,  1900. 

Approved  December  5,  1900. 


AN  OEDINANCE  AUTHOEIZING  THE  MAYOK  TO  LEASE  THE 
CITY  MILL  PEOPERTY  TO  THE  LONE  STAE  ICE  COM- 
PANY FOE  A  PEEIOD  OF  TWENTY-FIVE  YEAES. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  Mayor  be  and  he  is  hereby  authorized  to  lease  to  the  Lone  Star 
Ice  Company,  for  a  period  of  twenty-five  years,  the  city  mill  property 
situated  on  the  Eiver  Walk  between  Colorado  and  Lavaca  Streets,  im- 
mediately south  of  Block  No.  42  in  the  City  of  Austin;  provided,  that 
said  Lone  Star  Ice  Company  shall  be  required  to  use  said  property  for  an 
ice  manufactory,  and  for  no  other  purpose  not  connected  with  their 
business,  and  for  the  use  of  said  property  said  Lone  Star  Ice  Company 
shall  pay  to  the  City  of  Austin  an  annual  rent  of  two  hundred  dollars, 
payable  in  quarterly  installments  in  advance;  and  provided  further,  that 
said  lessee  shall  not  have  the  right  to  assign  said  lease  or  sublet  any 
part  of  said  property  without  the  consent  of  the  Council. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  November  9',  1888. 

Approved  November  10,  1888.   . 


332  Appendix. 

AN  ORDINANCE  GRANTING  TO  THE  LONE  STAR  ICE  COM- 
PANY, THEIR  ASSIGNS  AND  SUCCESSORS,  THE  RIGHT  TO 
BUILD  AND  THE  PRIVILEGE  TO  MAINTAIN  AND  OPER- 
ATE, FOR  A  PERIOD  OF  TWENTY-FIVE  YEARS,  A  SINGLE 
TRACK  OF  RAILROAD  TRACK  CONNECTING  WITH  THE 
TRACK  OF  THE  INTERNATIONAL  &  GREAT  NORTHERN 
RAILROAD  COMPANY  ON  WEST  THIRD  STREET  BETWEEN 
COLORADO  AND  LAVACA  STREETS,  ALONG  WEST  THIRD 
STREET  TO  COLORADO  STREET,  AND  ON  AND  ALONG 
COLORADO  STREET  TO  AND  ACROSS  WEST  FIRST  STREET 
TO  RIVER  WALK  IN  THE  CITY  OF  AUSTIN. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Aiistin: 
That  the  right  and  privilege  is  hereby  granted  and  given  to  the  Lone 
Star  Ice  Company,  their  assigns  and  successors  to  build,  own,  operate 
and  maintain,  for  the  period  of  twenty-five  years,  a  spur  of  railroad 
track  connecting  with  and  beginning  on  the  line  of  the  International  & 
Great  Northern  Railroad  Company  on  West  Third  Street,  between  Colo- 
rado and  Lavaca  Streets,  extending  east  along  West  Third  Street  to 
Colorado  Street;  thence  south  on  Colorado  Street  to  and  across  West 
Second  Street,  and  thence  across  West  First  Street  to  the  River  Walk 
in  the  City  of  Austin. 

Sec.  2.  Said  railroad  track  shall  be  laid  and  constructed  under  the 
supervision  of  the  City  Engineer  and  Street  Committee,  and  shall  be  used 
by  the  grantees  herein,  their  successors  and  assigns,  for  the  purpose 
only  of  conveying  freight  to  and  from  their  respective  places  of  busi- 
ness. 

Sec.  3.  Said  track  shall  not  be  used  as  a  switch,  except  for  the  pur- 
poses hereinbefore  stated. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  September  7,  1900. 

Approved  September  10,  1900. 


Appendix.  333 

AN  OEDINANCE  GKANTING  TO  THE  LONE  STAR  ICE  COM- 
PAIN  Y,  ITS  SUCCESSOES  AND  ASSIGNS,  AND  THE  AUSTIN 
GAS  COMPANY,  ITS  SUCCESSOES  AND  ASSIGNS,  THE 
EIGHT  TO  BUILD  AND  THE  PEIVILEGE  TO  MAINTAIN 
FOE  A  PEEIOD  OF  TWENTY-FIVE  YEAES  FEOM  THE  33ED 
DAY  OF  MAECH,  1903,  A  SPUE  TEACK  PAEALLEL  TO  AND 
ON  THE  EAST  SIDE  OF  THEIE  TEACK  ON  COLOEADO 
STEEET,  CONNECTING  WITH  SAME  AT  A  POINT  BE- 
TWEEN WEST  FIEST  AND  WEST  SECOND  STEEETS  AND 
EUNNING  SOUTH  TO  AND  ACEOSS  WEST  FIEST  STEEET 
IN  THE  CITY  OF  AUSTIN  INTO  THEIE  PEEMISES. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  right  and  privilege  is  hereby  given  and  granted  to  the  said  Lone 
Star  Ice  Company,  its  successors  and  assigns,  and  the  Austin  Gas  Com- 
pany, its  successors  and  assigns,  to  build,  own  and  operate  jointly  for  a 
period  of  twenty-five  years  from  the  23rd  day  of  March,  1903,  a  spur 
track  parallel  to  and  on  the  east  side  of  the  track  of  said  ice  company 
on  Colorado  Street,  connecting  with  same  at  a  point  between  West  First 
and  West  Second  Streets,  and  running  south  to  and  across  West  First 
Street  into  the  premises  of  said  ice  company. 

Sec.  3.  Said  railroad  track  shall  be  laid  and  constructed  under  the 
supervision  of  the  City  Engineer  and  Street  Committee  and  shall  be 
used  by  the  grantees  herein,  their  successors  and  assigns,  for  the  purpose 
only  of  conveying  freight  to  and  from  their  place  of  business,  provided 
said  parties  shall  put  Colorado  Street  adjoining  said  track  in  good  con- 
dition to  the  satisfaction  of  the  City  Engineer  and  Street  Committee. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  March  16,  1903. 

Approved  March  18,  1903. 


AN  OEDINANCE  ENTITLED  AN  OEDINANCE  GEANTING  TO 
THE  LONE  STAE  ICE  COMPANY  A  FEANCHISE  TO  BUILD 
A  SPUE  TEACK  OF  EAILEOAD  ACEOSS  COLOEADO  STEEET 
BETWEEN  SECOND  AND  THIED  STEEETS  IX  THE  CITY 
OF  AUSTIN. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  Lone  Star  Ice  Company  of  Austin,  Texas,  be  and  is  hereby 
granted  a  franchise  to  build  a  spur  track  of  railroad  as  follows :  Com- 
mencing at  a  point  about  midway  east  and  west  from  Colorado  Street 


334  Appendix. 

and  the  rock  house  adjoining  Walter  Tips'  warehouse,  and  north  and 
south  between  the  main  track  of  the  International  &  Great  Northern 
Railroad  Company  on  Third  Street,  and  the  coal  bins  of  the  Lone  Star 
Ice  Company;  thence  running  in  a  southeasterly  direction  across  Colo- 
rado Street  and  into  and  upon  Lot  9  in  Block  19,  to  the  alley  between 
Colorado  Street  and  Congress  Avenue. 

Sec.  2.  That  all  work  so  done  under  the  terms  of  this  ordinance 
shall  be  done  under  the  direction  of  and  in  compliance  with  the  require- 
ments of  the  Street  Committee  and  City  Engineer. 

Sec.  3.  That  by  the  acceptance  of  this  franchise  the  Lone  Star  Ice 
Company  agrees  to  indemnify  the  City  of  Austin  against  any  and  all 
claim  or  claims  which  may  be  made  against  it  by  any  person  or  persons 
whomsoever  arising  out  of  the  construction  of  said  spur  track;  and 
shall  place  under  said  track  where  gutters  are  crossed  sewer  pipes  of 
such  size  as  may  be  required,  and  shall  keep  same  open  and  free  from 
obstructions  at  all  times;  and  shall  keep  and  maintain  said  track  in 
proper  condition. 

Sec.  4.  That  this  ordinance  shall  be  in  force  from  and  after  its 
passage. 

Passed  October  3,  1904. 

Approved  October  4,  1904. 


AN  ORDINANCE  GRANTING  THE  UNITED  STATES  GOVERN- 
MENT, THE  AUTHORITIES  OF  THE  STATE  OF  TEXAS,  OF 
THE  COUNTY  OF  TRAVIS,  AND  SUCH  CITIZENS  OF  THE 
CITY  OF  AUSTIN  AS  MAY  DESIRE,  TO  LAY  AN  UNDER- 
GROUND SEWER  IN  THE  CITY  OF  AUSTIN. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  United  States  Government,  the  authorities  of  the  State  of 
Texas,  of  the  County  of  Travis,  and  such  citizens  of  the  City  of  Austin 
as  may  desire  so  to  do,  are  hereby  granted  permission  and  authority 
to  lay  and  construct  an  underground  sewer  and  maintain  connections 
therewith,  from  the  United  States  court  house  and  postoflBce  building, 
from  the  capitol  buildings  and  grounds  of  the  State  of  Texas,  from  the 
court  house  and  jail  of  Travis  County,  being  situated  in  said  City  of 
Austin,  and  from  the  residences  and  places  of  business  of  such  citizens 
of  the  City  of  Austin  as  may  avail  themselves  of  the  privileges  herein 
granted,  to  the  Colorado  River,  between  the  mouth  of  Waller  Creek 
and  the  foot  of  San  Jacinto  Street,  discharging  in  said  river,  about  raid- 
stream,  and  at  least  twelve  inches  below  low  water  level  thereof ;  provided, 
that  said  connections  shall  not  at  any  time  exceed  the  capacity  of  said 
sewer,  which  capacity  is  hereby  fixed  in  minimum  at  twelve  inches 


Appendix,  335 

throughout  its  entire  length;  that  no  connecting  pipes  shall  be  more 
than  one-third  the  capacity  of  the  main  sewer;  that  none  of  said  con- 
nections shall  be  made  at  right  angles  with  said  sewer,  that  all  connec- 
tions leaving  buildings  shall  be  of  cast  iron,  and  that  said  sewer  shall 
be  constructed  of  good  cast  iron  or  glazed  earthen  pipes,  properly  laid 
and  jointed,  with  that  portion  emptying  into  the  river  of  cast  iron,  well 
and  securely  anchored  at  least  twelve  inches  below  low  water. 

Sec.  2.  That  said  government,  authorities  and  citizens  shall  at  all 
times  keep  their  respective  portions  of  said  sewer  and  connections  in 
proper  repair,  and  that  whenever,  in  the  opinion  of  the  Board  of  Health 
of  the  City  of  Austin,  said  sewer  and  connections,  or  any  part  thereof, 
is  or  is  likely  to  become  detrimental  to  the  health  of  the  citizens  of  said 
city,  it  shall  be  the  duty  of  said  government,  authorities  and  citizens  to 
remove  and  abate  the  same  within  ten  days  after  being  notified  by  the 
Mayor  of  the  City  of  Austin  of  the  decision  of  said  Board  of  Health; 
provided,  that  the  City  of  Austin  reserves  for  itself  the  right,  should 
said  parties  fail  or  refuse  or  abate  or  remove  said  sewer  within  time  herein 
specified,  to  have  the  same  abated  or  removed  at  the  expense  of  said 
government,  authorities  and  citizens. 

Sec.  3.  That  said  sewer  and  connections  shall  be  laid  and  constructed 
under  the  direction  and  supervision  of  the  Board  of  Health  of  the  City 
of  Austin,  and  shall  in  all  things  thereto  appertaining,  conform  or  be 
conformed  to  the  opinion  and  requirements  of  said  Board  of  Health, 
as  well  as  to  all  existing  and  future  sanitary  ordinances  of  the  City 
of  Austin,  and  to  such  sewer  grades  as  may  hereafter  be  established  by 
said  city  without  cost  to  said  City  of  Austin. 

Sec.  4.  That  the  City  of  Austin  hereby  reserves  for  itself  and  its  citi- 
zens the  right  to  construct  and  maintain  free  connections  with  said  sewer, 
as  well  as  the  right  to  declare  said  sewer  public  property,  and  to  assume 
charge  and  control,  without  compensation  to  the  parties  constructing  the 
same,  of.  said  sewer  as  such,  whenever  the  City  Council  of  the  City  of 
Austin  may  so  elect  or  determine;  provided,  however,  in  such  event 
the  City  of  Austin  guarantees  to  said  government,  authorities  and  citi- 
zens all  the  privileges  of  said  sewer  free  of  cost,  except  such  as  may  be 
required  to  keep  their  respective  connections  therewith  in  good  repair. 

Sec.  5.  That  in  constructing  and  laying  said  sewer  proper  means 
for  making  connections  therewith  shall  be  laid  wherever  said  sewer  may 
cross  any  street  or  alley,  and  all  streets  and  alleys  so  crossed  by  said 
sewer  and  connections  shall  be  left  in  as  good  and  safe  condition  after, 
as  before  said  sewer  was  laid;  and  that  this  ordinance  be  in  force  from 
and  after  its  passage. 

Passed  December  29,  1880.    • 

Approved  December  29,  1880. 


336  Appendix. 

AN  OEDINANCE  GRANTING  AUTHORITY  TO  THE  UNITED 
STATES  TO  LAY  A  SEWER  FROM  THE  UNITED  STATES 
COURT  HOUSE  AND  POSTOFFICE  TO  THE  COLORADO 
RIVER. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  permission  is  hereby  granted  to  the  United  States  to  lay  a  sewer 
of  glazed  earthenware  pipe  from  the  court  house  and  postoffice  to  the 
Colorado  River  at  the  foot  of  Congress  Avenue. 

Sec.  2.  That  authority  is  hereby  granted  to  the  citizens  of  Austin 
to  connect  with  said  sewer,  upon  such  terms  as  may  be  agreed  upon 
between  them  and  the  United  States. 

Sec.  3.  That  said  sewer  shall  at  all  times  be  subject  to  such  regu- 
lations of  a  sanitary  nature  as  may  be  adopted  by  the  City  Council  on  the 
recommendation  of  the  Board  of  Health. 

Sec.  4.     That  this  ordinance  be  in  force  from  and  after  its  passage. 

Passed  April  8,  1881. 
'  Approved  Ajjril  12,  1881. 


AN  ORDINANCE  GRANTING  TO  W.  B.  BRUSH  AND  HIS  AS- 
SOCIATES, ASSIGNS  OR  SUCCESSORS  THE  RIGHT  TO 
ERECT,  OPERATE  AND  MAINTAIN  A  SYSTEM  OF  UNDER- 
GROUND SEWERAGE  IN  THE  CITY  OF  AUSTIN  AND  AD- 
DITIONS THERETO. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  W.  B.  Brush,  of  Austin,  Texas,  his  associates,  assigns  or  successors, 
shall  have  the  right  to  erect,  operate  and  maintain  a  system  of  under- 
ground sewerage  within  the  limits  of  the  City  of  Austin  and  the  addi- 
tions thereto,  and  shall  have  the  right  and  privilege  to  lay  their  sewer 
pipes  in  and  along  any  street,  lane,  alley  or  common  in  said  city;  pro- 
vided, the  same  shall  be  left  in  as  good  condition  as  before  laying  said 
pipes. 

Sec.  2.  That  the  main  sewer  east  of  the  Avenue  shall  be  in  the  first 
alley  east  of  said  Avenue,  and  sliall  l)egin  at  the  county  court  house,  or 
north  of  that  point,  and  shall  run  down  said  alley  to  and  into  the  Colo- 
rado River. 

Sec.  3.  That  all  the  main  sewers  and  their  branches  shall  be  con- 
structed out  of  good,  glazed  earthen  pipes. 

Sec.  4.  The  main  sewer  shall  empty  into  the  Colorado  River  aliout 
midstream,  and  at  least  twelve  inches  below  the  surface  of  the  water  at 
low  water  mark. 


Appendix.  337 

Sec.  5.  That  all  the  main  pipes  shall  be  at  least  twenty  inches  in 
diameter,  and  the  branches  to  said  main  sewer  shall  be  of  a  size  deter- 
mined upon  and  prescribed  by  the  City  Engineer,  and  all  main  sewers 
and  branches  thereof  shall  be  constructed  under  the  supervision  of  the 
City  Engineer  and  Street  Committee. 

Sec.  6.  Said  system  of  sewerage  shall  at  all  times  be  kept  in  a  good 
state  of  repair  and  in  condition  to  fulfill  the  object  for  which  it  is 
constructed,  by  W.  B.  Brush,  his  associates,  assigns  or  successors. 

Sec.  7.  The  City  of  Austin  shall  have  the  right  to  connect  all  of 
its  public  buildings  with  and  use  any  and  all  of  the  sewerage  pipes  for 
said  public  buildings  in  the  city  without  any  charge  whatever. 

Sec.  8.  Any  person  desiring  to  connect  his  premises  or  property  with 
the  main  sewer  or  its  branches,  or  to  use  the  said  main  sewer  or  its 
branches,  shall  have  the  right  to  do  so  upon  the  following  conditions :  The 
person,  firm  or  corporation  desiring  to  connect  with  the  said  sewer  shall 
pay  for  the  pipes  and  expenses  of  laying  the  same,  and  shall  pay  to  the 
•owners  of  said  sewer  the  sum  that  may  be  agreed  upon  between  them, 
but  in  no  case  shall  the  sum  charged  be  more  than  two  hundred  and 
fifty  dollars  ($250.00)  for  any  one  building,  except  hotels  and  livery 
^tables,  and  in  these  cases  the  price  shall  not  exceed  five  hundred  dollars 
($500.00),  and  the  right  to  use  said  sewer  once  acquired  shall  con- 
tinue forever. 

Sec.  9.  Work  on  the  main  sewer  shall  begin  within  twelve  months 
from  the  passage  of  this  ordinance,  and  the  east  main  sewer  shall  be 
'Completed  within  twenty-four  months  thereafter. 

Sec.  10.  Should  the  City  of  Austin  desire  to  purchase  the  said 
•system  of  sewerage,  she  shall  have  the  right  to  do  so  at  the  expiration  of 
five  years  by  paying  the  owners  thereof  a  reasonable  price  therefor.  lu 
case  of  disagreement  on  the  price  of  said  sewerage,  the  same  to  be  ar- 
ranged by  arbitration,  the  city  to  select  a  party.  Brush  and  his  asso- 
ciates or  assigns  a  party,  and  in  case  they  fail  to  agree,  then  the  parties 
rselected  are  to  select  a  third  party,  and  their  agreement  to  be  final. 

Sec.  11.  The  rights  and  privileges  herein  granted  shall  extend  and 
be  in  force  for  the  period  of  ninety-nine  years. 

Sec.  12.  That  this  ordinance  shall  take  effect  and  be  in  force  from 
:and  after  its  passage. 

Passed  July  6^  1882. 

Approved  July  7,  1882. 


338  Appendix. 

AN  ORDINANCE  GRANTING  TO  THE  STATE  OF  TEXAS  THE 
RIGHT  TO  LAY  A  SEWER  WITHIN  THE  CITY. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin : 
That  the  State  of  Texas  shall  have  the  right  to  erect,  operate  and  main- 
tain a  system  of  imdergi'oimd  sewerage  within  the  limits  of  the  City  of 
Austin,  and  the  additions  thereto,  and  in  and  along  any  street,  lane, 
alley  or  common  in  said  city,  from  any  of  the  public  buildings  of  the 
State,  to  Waller  Creek;  thence  down  the  bed  of  said  creek  to  the  Colo- 
rado River. 

Sec.  2.  Said  sewer  shall  be  constructed  of  good,  glazed  earthenware 
and  the  main  sewer  shall  be  at  least  fifteen  inches  in  diameter,  and  shall 
be  laid  under  the  superintendence  of  the  City  Engineer  of  the  City  of 
Austin;  and  said  sewer  shall  be  laid  at  least  four  feet  beneath  the  sur- 
face of  the  earth,  after  it  reaches  the  bed  of  Waller  Creek,  and  shall 
discharge  about  midstream  of  the  Colorado  River,  and  at  least  four 
inches  below  the  surface  of  the  water  at  low  water  mark. 

Sec.  3.  The  City  of  Austin  shall  have  the  authority  and  privilege  of 
connecting  any  of  the  public  buildings  with  the  main  sewer,  or  its 
branches,  free  of  charge.  That  the  citizens  residing  adjacent  to  the  main 
sewer  or  its  branches  shall  be  permitted  to  connect  with  said  sewer,  or 
branches,  under  such  restrictions  as  the  State  may  prescribe. 

Sec.  4.  The  State  shall  at  all  times  keep  the  said  main  sewer  and  its 
branches  in  a  good  condition,  and  should  said  sewer  or  branches  ever 
become  so  out  of  repair  as  to  fail  to  perform  their  intended  purpose,  or 
shall  become  a  nuisance,  then,  in  either  case,  the  City  of  Austin  reserves 
the  right,  authority  and  power  to  declare  the  rights  herein  granted  to  be 
at  an  end,  and  shall  have  power  and  authority  to  cancel  the  right  and 
privileges  herein  granted,  and  to  take  up  said  sewer. 

Passed  August  7,  1882. 

Approved  August  8,  1882. 


AN  ORDINANCE  GRANTING  THE  RIGHT  OF  WAY  TO  THE 
STATE  OF  TEXAS  TO  CONSTRUCT  A  SEWER,  ETC. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  the  right  of  way  is  hereby  granted  to  the  State  of  Texas  for  the 
construction  of  a  sewer  from  the  Governor's  Mansion,  the  Temporary 
Capitol  and  the  General  Land  Office,  through  and  across,  in  and  along 
any  street,  lane,  alley  or  common  in  the  city,  to  the  Colorado  River  or 
to  the  State  sewer  now  in  course  of  construction. 

Sec.  2.     That  the  City  Council,  through  the  Street  Committee  and 


Appendix.  339 

the  City  Engineer,  shall  have  equal  supervision  with  the  State  authori- 
ties in  determining  the  dimensions  of  the  sewer,  the  quality  of  the  ma- 
terial used,  and  the  workmanship  of  construction. 

Sec.'  3.  It  is  hereby  understood  that  this  grant  of  a  right  of  way 
shall  be  subject  to  the  sanitary  regulations  that  are  now  or  may  here- 
after be  enforced  by  the  City  Council  or  the  city  Board  of  Health. 

Passed  July  7,  1883. 

Approved  July  9,  1883. 


AN  OEDINANCE  GEANTING  TO  THE  LEWIS  MERCEE  CON- 
STEUCTIOX  COMPANY,  THEIE  ASSOCIATES,  SUCCESS- 
OES  AND  ASSIGNS,  THE  EIGHT  TO  CONSTEUCT  AND 
MAINTAIN  SANITAEY  UNDEEGEOUND  SEWEES  UNDEE 
THE  STEEETS  AND  ALLEYS  OF  THE  CITY  OF  AUSTIN. 


Section  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of  Austin: 
That  the  right  is  hereby  granted  to  the  Lewis  Mercer  Construction  Com- 
pany, a  corporation  duly  incorporated  under  the  laws  of  the  State  of 
New  Jersey,  to  construct,  maintain  and  operate  for  the  period  of  fifty 
years  a  system  of  sanitary  sewers  under  the  streets  and  alleys  of  the 
City  of  Austin,  subject  to  the  right  of  the  City  Council  of  the  City  of 
Austin  to  determine  as  to  the  side  of  each  street  and  alley  that  such 
sewers  shall  be  laid  under  and  subject  to  the  conditions  hereinafter  pro- 
vided. 

And  the  Lewis  Mercer  Construction  Company,  their  associates,  suc- 
cessors and  assigns,  shall  have  the  privilege  in  accordance  with  the  terms 
of  this  ordinance  of  using  all  of  the  streets  and  alleys  within  the  cor- 
poration limits  of  said  city  of  Austin  as  they  now  exist  or  may  here- 
inafter exist  by  extension  for  the  purpose  of  laying  pipes,  conduits  of 
brick  sewers,  manholes,  catch  basins,  etc.,  as  may  be  necessary  to 
provide  an  adequate  system  of  sanitary  sewerage  to  the  City  of  Austin, 
and  for  making  repairs  or  extensions  to  such  system  during  the  period 
in  which  this  ordinance  may  be  in  effect,  but  the  City  Council  shall  de- 
termine under  what  portions  of  such  streets  and  alleys  said  sewers  may 
be  laid. 

Sec.  2.  The  said  Lewis  Mercer  Construction  Company,  their  asso- 
ciates, successors  and  assigns  shall  exercise  due  care  and  diligence  in 
the  use  of  the  streets,  alleys  and  other  public  places,  and  shall  cause  no 
unnecessary  obstruction  to  public  travel  over  or  upon  the  same  or  any 
injury  or  unnecessary  interference  with  any  pipes  either  of  gas  or  water 
which  may  be  lawfully  located  beneath  the  surface  thereof  when  such 
sewers  are  laid,   and   the   said   Lewis   Mercer   Construction    Company 


340  Appendix. 

shall  take  every  reasonable  precaution  against  accident  and  danger  to 
persons  or  property  in  the  exercise  of  the  rights  and  privileges  hereby 
granted,  and  shall  cause  all  excavations  to  be  properly  lighted  and 
yarded  at  night  and  after  the  completion  of  the  purposes  for  which 
said  streets  and  alleys  may  be  used  they  shall  be  restored  to  their  former 
condition  as  near  as  may  be  without  unnecessary  delay. 

The  said  Lewis  Mercer  Construction  Company,  their  associates,  suc- 
cessors and  assigns,  hereby  agree  to  hold  the  City  of  Austin  harmless 
from  any  liability  which  may  result  to  it  by  reason  of  any  violation  of 
this  section,  or  by  reason  of  any  failure  to  maintain  said  sewers  in  proper 
repair. 

Sec.  3.  The  general  plan  of  the  sewerage  system  shall  be  as  follows : 
Sewers  shall  be  of  the  best  quality  of  salt-glazed  terra  cotta  pipe,  truly 
cylindrical  and  laid  upon  a  true  gradient,  with  joints  laid  tight  with 
first-class  cement  mortar,  or  they  shall  be  made  of  first-class  hard-burned 
brick,  laid  in  first-class  cement  mortar.  Manholes  shall  be  placed  over 
the  sewers  about  five  hundred  feet  apart  and  covered  with  approved 
cast  iron  covers  strong  enough  to  carry  the  greatest  and  heaviest  traffic. 

Sewer  to  be  laid  at  such  depth  from  the  surface  of  the  streets  as  to 
give  a  fall  of  not  less  than  three  inches  in  ten  feet  from  adjacent  build- 
ings. 

Xo  sewer  pipe  shall  be  less  than  six  inches  in  diameter,  and  all  sewers 
shall  be  large  enough  to  provide  for  the  easy  flow  of  all  sewerage. 

Sec.  4.  No  connection  shall  be  made  to  the  sewer  system  without  a 
permit  from  the  Lewis  Mercer  Construction  Company,  their  associates, 
successors  and  assigns,  and  all  connection  shall  be  made  by  them  or 
ninder  their  supervision,  and  all  charges  for  such  service  shall  be  equal 
and  uniform. 

Sec.  5.  The  said  Lewis  Mercer  Construction  Company,  their  asso- 
ciates, successors  and  assigns,  shall  file  with  the  City  of  Austin  a  copy 
of  the  plan  exhibiting  the  location  of  sewers,  manholes,  inspection  holes, 
flush  tanks  and  disinfecting  tanks,  which  were  approved  and  accepted 
by  the  City  Council  at  their  special  meeting  of  June  22,  1892.  And  the 
same  shall  constitute  the  system  hereby  authorized,  subject  to  the  right 
of  the  City  Council  to  prescribe  as  what  parts  of  the  streets  and  alleys 
said  sewers  may  be  laid  under. 

To  this  system  extensions  may  be  made  either  by  the  order  of  the 
City  of  Austin  or  at  the  option  of  the  Lewis  Mercer  Construction  Com- 
pany, their  associates,  successors  and  assigns,  subject  to  the  approval  by 
the  City  Council  of  the  plans  and  specifications  of  such  extensions  as 
may  not  be  included  in  the  original  plans  and  specifications;  provided, 
Tiowever,  that  the  said  Lewis  Mercer  Construction  Company,  their  asso- 


Appendix.  341 

ciates,  successors  and  assigns,  shall  not  be  required  to  extend  the  system 
to  a  part  that  is  not  at  the  time  sufficiently  built  up  to  return  a  reason- 
able revenue.  And  the  said  Lewis  Mercer  Construction  Company,  their 
associates,  successors  or  assigns,  shall  have  reasonable  time  within  which 
to  make  all  reasonable  extensions  required  by  the  City  of  Austin. 

Sec.  6.  The  City  Council  shall  make  and  pass  such  ordinances  with 
adequate  penalties  as  may  be  necessary  for  the  protection  and  proper 
use  of  the  sewers  or  their  necessary  connections,  catch  basins,  manholes 
and  other  appurtenances;  also  such  ordinances  requiring  the  fulfillment 
of  the  obligations  of  this  ordinance  as  will  insure  the  prompt  com- 
pliance of  all  parties  concerned. 

Sec.  7,  The  said  Lewis  Mercer  Construction  Company,  their  asso- 
ciates, successors  or  assigns,  may  procure  the  organization  of  a  sewer 
works  company  or  corporation  under  the  laws  of  this  State,  and  may 
assign  to  it  all  the  rights  and  privileges  acquired  by  this  ordinance. 

Sec.  8.  The  construction  of  said  sewer  system  shall  be  commenced 
within  three  months  of  the  acceptance  of  plans  and  shall  be  completed 
within  one  year  thereafter;  provided,  however,  that  if  the  time  as  then 
specified  be  extended  by  floods,  act  of  God  or  public  enemy,  or  for  legal 
proceedings  for  the  maintenance  or  defense  of  their  legal  rights,  or  in 
the  acquisition  of  property,  or  rights  of  way,  or  by  reason  of  any  other 
causes  whatever  beyond  their  control,  such  time  shall  form  no  part  of 
the  time  specified  in  this  ordinance  for  the  performance  of  any  acts 
required  by  the  terms  hereof  to  be  done  by  them. 

Sec.  9.  During  the  construction  of  said  sewers  the  City  Engineer 
shall  from  time  to  time  inspect  the  work  done  and  material  used,  and 
should  any  departure  from  the  accepted  plans  and  specifications  occur, 
he  shall  at  once  call  the  attention  of  the  Lewis  Mercer  Construction  Com- 
pany, or  their  legal  representatives,  to  the  fact,  and  the  said  Lewis  Mer- 
cer Construction  Company,  or  their  legal  representatives,  shall  cause 
the  work  to  be  corrected  in  accordance  with  said  plans  and  specifications, 
and,  failing  to  do  so,  the  City  of  Austin  shall  have  the  right  to  stop 
the  construction  of  such  sewers  until  such  specifications  shall  have  been 
conformed  with;  upon  the  completion  of  the  system,  the  City  Engineer 
shall  officially  notify  the  Council  that  the  work  done  and  material  fur- 
nished is  in  conformity  with  the  plans  and  specifications  adopted  and 
accepted  by  the  said  City  Council,  whereupon  they  shall  pass  an  ordinance 
reciting  the  fact  and  accepting  the.  said  system,  and  all  of  the  rights, 
privileges  and  obligations  of  this  ordinance  shall  henceforth  be  in  full 
force  and  effect. 

Sec.  10.  That  all  persons  or  property  holders  connecting  their  prem- 
ises with  the  above  sewer  system  shall  have  the  privilege  of  furnishing 


342  Appendix. 

all  service  pipes,  material  and  labor  putting  same  in  position,  except 
actual  contact  with  the  main  sewer  or  its  branches;  provided,  such  per- 
sons or  property  holders  desire  to  exercise  this  privilege. 

Sec.  11.  The  City  of  Austin  shall  have  the  right  to  connect  any  of 
its  public  buildings  with  said  sewer  free  of  charge  for  sewerage. 

Sec.  12.  That  this  ordinance  take  effect  upon  its  approval  by  the 
Mayor  and  acceptance  by  said  Lewis  Mercer  Construction  Company, 
to  be  evidenced  by  a  written  acceptance  signed  by  the  president  of  said 
company  and  attested  by  the  proper  officer  and  sealed  by  its  corporate 
seal,  accompanied  by  a  duly  certified  copy  of  a  resolution  of  the  board 
of  directors  of  said  corporation  authorizing  the  acceptance  of  this  ordi- 
nance, which  acceptance  and  copy  of  such  resolution  shall  be  filed  with 
the  City  Clerk  of  Austin  within  sixty  days  from  the  approval  of  this 
ordinance,  or  this  ordinance  shall  not  go  into  effect. 

Passed  June  25,  1892. 

Approved  June  29,  1892. 


AN  ORDINANCE  GRANTING  AN  EXTENSION  OF  TIME  TO 
THE  LEWIS  MERCER  CONSTRUCTION  COMPANY  WITHIN 
WHICH  TO  COMPLETE  THE  SYSTEM  OF  UNDERGROUND 
SEWERS  NOW  BEING  LAID  BY  IT  IN  THE  CITY  OF 
AUSTIN. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  there  is  hereby  granted  to  the  Lewis  Mercer  Construction  Company, 
its  successors  and  assigns,  an  extension  of  six  months  within  which  to 
complete  the  system  of  underground  sewers  now  being  constructed  by 
it  under  and  by  authority  of  an  ordinance  passed  by  the  City  Council 
of  the  City  of  Austin  on  June  25,  1892,  and  approved  June  29,  1892, 
entitled  "An  Ordinance  granting  to  the  Lewis  Mercer  Construction 
Company,  their  associates,  successors  and  assigns,  the  right  to  construct 
and  maintain  sanitary  underground  sewers  under  the  streets  and  alleys 
of  the  City  of  Austin." 

Sec.  2.  The  extension  hereby  granted  shall  not  be  enjoyed  unless 
the  said  company  shall  commence  work  on  said  sewers  within  thirty  days 
from  the  approval  of  this  ordinance  and  complete  said  system  of  sewers 
according  to  the  provisions  and  requirements  of  the  ordinance  herein- 
before referred  to  within  six  months  "from  the  approval  of  this  ordinance. 

Sec.  3.  This  ordinance  shall  not  take  effect  until  its  acceptance  in 
writing  by  the  said  Lewis  Mercer  Construction  Company. 

Sec.  4.  Should  the  said  Lewis  Mercer  Construction  Company  fail  to 
complete  said  system  of  sewers  in  accordance  with  the  requirements  of 


Appendix.  343 

this  ordinance,  then  all  franchises  and  privileges  heretofore  granted  to 
it  by  the  City  of  Austin  shall  be  held  to  have  been  abandoned  and  for- 
feited; provided,  such  failure  is  not  caused  by  the  act  of  God,  or  the 
public  enemy ;  provided,  in  consideration  of  thi  extension  of  the  franchise 
hereby  extended  the  City  of  Austin  hereby  reserves  the  right  to  fix  a 
maximum  rate  of  charges  to  be  made  by  said  Lewis  Mercer  Construction 
Company,  its  successors  or  assigns;  provided,  that  all  maximum  rates 
fixed  by  the  City  Council  shall  be  reasonable. 

Passed  October  2,  1893. 

Approved  October  5,  1893. 


A  EESOLUTIOX  GRANTING  TO  THE  AUSTIN  OIL  MANUFAC- 
TUEING  COMPANY  THE  RIGHT  TO  CONSTRUCT,  MAIN- 
TAIN AND  OPERATE  A  RAILROAD  TRACK  UPON  AND 
ACROSS  CERTAIN  STREETS  IN  THE  CITY  OF  AUSTIN. 


Section  1.  Be  it  resolved  by  the  City  Council  of  the  City  of  Austin: 
That  the  Austin  Oil  Manufacturing  Company  shall  have  the  right  to 
construct,  maintain  and  operate  a  single  standard  gauge  railroad  track 
upon  and  across  the  following  named  streets  in  the  City  of  Austin  for  a 
period  of  fifty  years,  subject  to  the  terms  and  conditions  hereinafter 
stated. 

(1)  Beginning  in  East  Fifth  Street  north  of  Outlot  No.  6,  Division 
0 ;  thence  in  a  southerly  direction  to  and  across  the  street  which  divided 
Outlots  Nos.  6  and  7,  in  Division  0,  to  the  west  line  of  Outlot  No.  7  in 
said  division. 

(2)  Beginning  on  the  south  line  of  East  Fifth  Street  at  a  point 
about  four  hundred  and  fifty  feet  eastwardly  from  the  said  street,  which 
is  between  Outlots  Nos.  6  and  7,  in  Division  0 ;  thence  in  a  northeasterly 
direction,  a  distance  of  about  ninety  feet. 

Sec.  2.  In  the  construction  of  said  railroad  track  the  said  Austin 
Oil  Manufacturing  Company,  or  its  assigns,  shall  conform  to  the  grade 
of  the  streets,  as  given  by  the  City  Engineer,  and  should  the  city  establish 
a  new  grade  and  actually  bring  the  street,  other  than  that  occupied  by 
said  company,  to  conform  to  such  grade,  said  company  shall  regrade  its 
road  to  conform  to  the  new  grade  of  the  street. 

The  rails  of  said  road  shall  be  laid  and  kept  not  more  than  one  inch 
above  the  grade  of  the  street.  All  damage  done  streets  in  constructing 
said  track  shall  be  repaired  by  said  company  at  its  own  expense. 

Adopted  April  8,  1893. 

Approved  April  10,  1893. 


344  Appendix. 

AN  OEDI?s^ANCE  TO  PEOViDE  FOR  THE  PUECHASE  OF  THE 
WATEE,  LIGHT  AXD  POWEE  PLANT  OF  THE  AUSTIN 
WATEE,  LIGHT  AND  POWEE  COMPANY  AND  OF  THE  CITY 
WATEE  COMPANY,  IN  THE  CITY  OF  AUSTIN,  AND  TO  PEO- 
VIDE FOE  THE  PAYMENT  OF  THE  PUECHASE  PEICE 
THEEEOF,  AND  TO  PLEDGE  A  POETION  OF  THE  GENEEAL 
EEVENUE  OF  THE  CITY  TO  SECUEE  THE  PAYMENT 
THEEEOF. 


Whereas^  (1)  It  is  the  purpose  of  the  City  of  Austin  to  purchase  the 
water,  light  and  power  plant  of  the  Austin  Water,  Light  and  Power 
Compam' ; 

(2)  The  City  of  Austin  is  indebted  to  Joseph  Nalle,  receiver  of  the 
Austin  Water,  Light  and  Power  Company,  as  follows: 

Upon  a  judgment  entered  in  the  Circuit  Court  of  the  United  States 
for  the  Western  District  of  Texas  on  May  20,  1899,  in  Cause  No.  2292, 
Law,  in  the  sum  of  $47,572.76; 

Upon  a  judgment  entered  in  said  court  on  May  24,  1901,  in  Cause 
No.  2325,  Law,  in  the  sum  of  $27,716.15. 

(3)  The  said  Joseph  Nalle,  receiver,  as  aforesaid,  claims  that  there 
is  due  to  him  for  hydrant  rentals  under  the  terms  of  a  contract  entered 
into  between  the  City  of  Austin  and  the  City  Water  Company  on  the 
13th  day  of  April,  1882,  for  water  furnished  between  the  1st  day  of 
January,  1901,  and  the  1st  day  of  October,  1901,  the  sum  of  $9075.00 
and  interest,  and  for  water  furnished  between  the  1st  day  of  October 
and  the  1st  day  of  July,  1902,  the  sum  of  $9075.00; 

(4)  The  City  of  Austin  has  contested  the  payment  of  the  judg- 
ments aforesaid,  and  the  claim  for  hydrant  rentals  from  January  1, 
1902 ; 

(5)  A  preliminary  agreement  looking  to  the  sale  of  the  plant  afore- 
said and  of  the  purchase  of  the  same  by  the  City  of  Austin  upon  the 
terms  hereinafter  set  forth  has  been  entered  into  between  the  repre- 
sentatives of  said  City  of  Austin,  on  one  part,  and  J.  W.  Hamer,  repre- 
senting the  bondholders  and  stockholders  of  the  City  Water  Company 
and  of  the  Austin  Water,  Light  and  Power  Company,  of  the  other  part, 
said  preliminary  agreement  taking  the  place  of  an  agreement  heretofore 
entered  into  between  said  Hamer  and  representatives  of  said  city  and 
involved  in  the  cause  of  John  D.  McCall  vs.  The  City  of  Austin  et  al., 
and  this  agreement  being  intended  to  comply  and  conform  to  the  de- 
cision of  the  Supreme  Court  of  the  State  of  Texas  upon  appeal  of  said 
cause;  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Amtin:  (1)  That 
the  City  of  Austin  hereby  contracts  for  the  purchase  of  the  water,  light 


Appendix.  345 

and  power  plant  of  the  Austin  Water,  Light  and  Power  Company,  form- 
erly the  property  of  the  City  Water  Company,  now  being  operated  in 
the  City  of  Austin  by  Joseph  Nalle,  as  receiver  in  the  case  of  Huey  et  al. 
vs.  the  City  Water  Company  and  the  Austin  Water,  Light  and  Power 
Company,  including  all  the  real  and  personal  property  of  said  com- 
panies, except  bills,  accounts,  judgments  and  claims  receivable,  and  ex- 
cept the  office  furniture,  fixtures  and  books  of  such  company,  but  in- 
cluding all  maps  and  plans  of  said  company. 

(2)  The  said  City  of  Austin,  in  consideration  of  the  conveyance  and 
delivery,  as  hereinafter  specified,  of  the  plant  aforesaid,  promises  and 
agrees  to  pay  to  J.  W.  Hamer,  trustee  of  the  bondholders  and  stock- 
holders aforesaid,  and  to  his  assigns  and  successors  in  trust,  current 
money  of  the  United  States  as  follows: 

First. — The  sum  of  one  hundred  and  seventy-five  thousand  dollars 
($175,000.00). 

Second. — The  amount  of  the  judgments  aforesaid,  being  $75,288.91. 

Third. — The  amount  of  the  contested  claim-  of  Joseph  Nalle,  receiver, 
for  hydrant  rentals  from  January  1,  1901,  to  October  1,  1901,  towit, 
$9542.34. 

Fourth. — A  sum  equal  to  the  total  amount  of  all  city  taxes,  and  pen- 
alties, costs  and  interest  on  taxes  due  from  either  or  both  of  the  corpora- 
tions aforesaid,  or  from  their  receiver,  to  and  including  the  taxes  for 
1902,  in  case  it  should  be  held  that  there  are  any  unsettled  taxes  on 
said  plant,  the  City  Attorney  being  hereby  authorized  and  instructed 
to  institute,  as  soon  as  practicable,  in  the  United  States  Circuit  Court 
for  the  Western  District  of  Texas,  sitting  at  Austin,  a  suit  for  said 
taxes  (this  course  being  deemed  best  because  of  the  fact  that  several 
different  funds  of  said  city  would  be  interested  in  said  taxes,  whereas 
the  money  to  be  paid  by  the  city  on  this  contract  is  to  come  out  of  the 
general  fund  alone). 

Fifth. — Interest  as  follows : 

(a)  On  $175,000  of  said  purchase  price  from  October  1,  1901,  to 
the  passage  of  this  ordinance  at  3  per  cent  per  annum. 

(b)  On  $84,831.25  of  said  $175,000.00  at  the  rate  of  6  per  cent 
per  annum  from  date  of  the  passage  of  this  ordinance  until  paid. 

(c)  On  the  remainder  of  the  purchase  price  (as  defined  in  this  and 
the  succeeding  paragraph)  at  the  rate  of  3  per  cent  per  annum  from 
the  date  of  the  passage  of  this  ordinance  until  paid. 

(d)  Interest  to  be  calculated  on  amounts  unpaid. 

(3)  That  the  City  of  Austin  is  to  make  payments  on  the  purchase 
price  (which  purchase  price  is  the  aggregate  of  items  in  paragraph  (2) 
next  above,  and  includes  the  judgments  and  claims  for  hydrant  rentals 


346  Appendix. 

therein  recited  and  interest  as  specified  in  subdivision  (a)  from  October 
1,  1901,  to  this  time),  of  said  plant  as  follows: 

First. — There  is  to  be  a  payment  each  year  of  $22,500.00 ;  this  amount 
may  be  increased  by  the  city  at  its  pleasure. 

Second. — Of  said  annual  payment  of  $22,500.00,  so  much  as  may  be 
required  therefor  shall  be  used  in  the  payment  of  the  interest  as  herein- 
before provided,  this  to  include  for  the  first  annual  payment  the  interest 
on  said  $175,000.00  from  October  1,  1901,  to  date. 

Third. — Of  said  annual  payment  of  $22,500.00,  an  amount  equal  to 
2  per  cent  of  the  entire  amount  of  the  purchase  price  of  the  said  plant 
shall  be  appropriated  as  a  sinking  fund  for  the  discharge  of  said  price, 
and  shall  be  utilized  in  and  applied  to  the  liquidation  and  discharge  of 
said  principal  obligation. 

Fourth. — Any  balance  of  said  annual  payment  of  $22,500.00  over  and 
above  the  interest  paid  and  the  sinking  fund  as  aforesaid  shall  be  applied 
primarily  to  the  payment  of  said  part  of  said  principal  which  draws  in- 
terest at  the  rate  of  6  per  cent  per  annum;  after  the  discharge  of  that 
part  of  the  principal  sum  drawing  6  per  cent  interest  such  balance  shall 
be  applied  to  the  payment  of  the  remainder  of  the  purchase  price. 

(4)  That  of  the  annual  tax  for  the  year  1902  and  for  each  succeed- 
ing year  until  the  contract  is  fulfilled  and  discharged,  provided  for  by 
Subdivision  1  of  Section  33  of  the  charter  of  the  City  of  Austin,  as 
amended  by  an  act  approved  and  effective  September  21,  1901,  of  "1 
per  cent  on  all  property  within  the  limits  of  said  city  made  taxable  by 
law  for  State  and  county  purposes,  the  money  raised  by  said  taxes  to  be 
used  for  the  current  expenses  and  for  general  improvement  of  the  city 
and  its  property,"  '^one-fourth  of  1  per  cent  of  the  total  taxable  values 
as  aforesaid";  that  is  to  say,  a  tax  of  one-fourth  of  1  per  cent  out  of 
and  as  a  part  of  said  authorized  tax  of  1  per  cent  for  said  year  of  1902 
and  succeeding  years,  is  hereby  by  said  City  Council  levied  and  pledged 
for  the  liquidation,  settlement  and  payment  of  the  money  due  and 
payable  or  to  become  due  under  the  terms  of  the  contract  herein  author- 
ized for  the  purchase  of  the  aforesaid  water  plant,  and  this  levy  and 
pledge  shall  continue  to  be  a  binding  and  irropealable  contract  until  the 
purchase  price  of  said  plant  shall  have  been  fully  paid  and  discharged. 

(5)  The  payments  under  the  terms  of  the  contract  hereby  author- 
ized and  entered  into  shall  be  made  on  or  before  the  1st  day  of  April  of 
the  year  1903,  and  of  each  and  every  year  thereafter,  until  the  discharge 
of  the  entire  amount  due,  or  which  may  become  due  by  virtue  of  the 
terms  hereof;  and  the  said  City  of  Austin  hereby  pledges  itself^ and  its 
said  City  001111011  to  place  upon  the  budget  provided  for  by  the_  charter^ 
"oTTaid  (ily.  nnd  at  the  time  therein  provided,  an  amount  sufficient  for 


Appendix,  .  347 

the  payment  of  that  which  would  that  year  become  due  under  the  terms 

"of  this  contract  for  the  purpose  of  such  payment,  and  further  obligates 

"Itself  to  annually  appropriate  and  set  aside  before  the  first  day  of  April 

of  each  year  the  sum  of  $22,500.00  for  the  payment  of  the  obligations 

here  undertaken,  until  the  same  shall  have  been  fully  paid  off  and  dis- 

""charged. 

The  terms  of  the  contract  which  is  hereby  authorized  and  entered  into 
may,  at  the  option  of  said  J.  W.  Hamer,  representative  of  the  creditors 
of  said  companies,  aforesaid,  be  incorporated  in  a  judgment  against 
the  said  City  of  Austin  in  any  cause  now  pending  between  the  City 
of  Austin  and  Joseph  Nalle,  receiver,  or  in  the  case  of  Huey  et  al.  vs. 
City  Water  Company  et  al.,  pending  in  the  Circuit  Court  of  the  United 
States,  or  in  a  cause  to  be  instituted  in  said  court,  and  E.  E.  White, 
Mayor,  and  V.  L.  Brooks,  City  Attorney,  are  hereby  authorized  and 
empowered  to  enter  an  appearance  or  accept  service  in  any  or  either 
of  said  causes  for  the  said  City  of  Austin,  and  to  have  judgment,  or 
judgments,  entered  in  accordance  with  the  terms  hereof,  and  enforcing 
performance  of  said  terms  by  mandamus  or  otherwise,  and  to  have  such 
further  orders  entered,  and  such  further  action  taken  therein  as  may  be 
necessary  or  proper  in  giving  effect  hereto. 

The  obligations  herein  undertaken  shall  not  be  binding  upon  the  said 
City  of  Austin  until  the  plant  of  said  Austin  Water,  Light  and  Power 
Company,  as  hereinbefore  described,  shall  have  been  conveyed  and  de- 
livered to  said  city,  without  incumbrance  of  any  character  (including 
city,  county  and  State  taxes,  except  such  taxes,  if  any,  for  the  year  1903) 
upon  the  same;  the  acceptance  of  said  plant  by  the  city  being  evidence 
that  this  provision  of  the  contract  has  been  complied  with  by  the  sellers. 
The  plant  aforesaid  shall  be  conveyed  and  delivered  as  herein  provided 
within  sixty  days  from  the  final  passage  and  approval  of  this  ordinance. 
The  contract  herein  authorized  and  entered  into  does  not  operate  as  a 
discharge  of  the  judgment  hereinbefore  recited,  or  of  the  judgments 
auxiliary  thereto,  but  the  full  and  complete  fulfillment  of  the  terms 
of  this  contract  shall  operate  as  a  discharge  of  said  judgments,  and 
any  other  claim  or  claims  which  the  companies  aforesaid,  or  their  re- 
ceiver, may  have  against  the  city. 

The  contract  herein  provided  for  may  be  further  evidenced  by  an  in- 
strument of  writing  setting  forth  the  provisions  of  this  ordinance  and 
the  obligation  undertaken  by  the  City  of  Austin,  and  the  undertakings 
of  the  sellers  of  the  plant  aforesaid,  which  instrument  E.  E.  White, 
Mayor;  Jno.  0.  Johnson,  City  Clerk,  and  V.  L.  Brooks,  City  Attorney, 
are  hereby  authorized  to  execute  in  behalf  of  said  city. 
Passed  August  4,  1902. 
Approved  August  6,  1902. 


348  Appendix. 

AN  OEDINANCE  TO  GEANT  TO  NELSON  DAVIS,  OF  AUSTIN, 
TEXAS,  HIS  HEIES  AND  ASSIGNS,  THE  PEIVILEGE  AND 
EIGHT  TO  ELEVATE  THE  SIDEWALK  ON  THE  NOETH 
SIDE  OF  LOT  7  IN  BLOCK  29  IN  THE  CITY  OF  AUSTIN, 
TEAVIS  COUNTY,  TEXAS,  TO  THE  HEIGHT  OF  THE  FLOOE 
OF  OEDINAEY  FEEIGHT  CAES,  PEOVIDING  THE  ACCESS 
TO  BE  NOT  LESS  THAN  A  SLOPE  OF  TWO  AND  ONE-HALF 
FEET  TO  ONE  FOOT  OF  ELEVATION,  AND  SATISFACTOEY 
TO  THE  CITY  ENGINEEE  OF  THE  CITY  OF  AUSTIN,  AND 
PEOVIDING  THAT  THE  OWNEE  KEEP  SAID  SIDEWALK 
AND  APPEOACHES  IN  EEPAIE,  AND  AEE  LIABLE  FOE  ALL 
DAMAGES  CAUSED  BY  NEGLECT  IN  THAT  EESPECT. 


Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Austin: 
That  Nelson  Davis,  of  Austin,  Travis  County,  Texas,  as  the  owner  of 
Lot  7  in  Block  29  of  the  City  of  Austin,  in  Travis  Count}^  Texas,  and 
his  heirs  and  assigns,  are  hereby  granted  the  privilege  and  right  to 
elevate  above  the  level  of  the  street,  and  forever  maintain,  the  sidewalk 
on  the  north  side  of  said  lot  to  the  height  of  the  floor  of  ordinary  railroad 
freight  cars,  to  facilitate  loading  and  unloading  from  railroad  cars  run 
on  the  north  side  of  said  lot. 

Sec.  2.  Said  Nelson  Davis,  his  heirs  and  assigns  are  required  to  give 
access  to  such  sidewalk  from  the  east  and  west  ends  by  means  of  a 
sloping  approach  of  not  less  than  two  and  one-half  feet  to  each  foot  of 
elevation;  and  provided  further,  that  said  approach  must  be  made  to 
the  satisfaction  of  the  City  Engineer,  and  his  satisfaction  to  be  ex- 
pressed in  writing  and  filed  with  the  City  Clerk. 

Sec.  3.  It  is  further  provided  that  the  owner  or  owners  of  said  lot, 
or  any  part  thereof,  are,  each  for  himself,  required  to  keep,  to  the  extent 
of  his  or  their  ownership,  said  sidewalk  and  the  approaches  thereto  in 
repair,  and  failure  on  their  part  to  so  repair  makes  the  respective  owner 
or  owners  liable  for  all  damage  accruing  to  his  or  their  property  by  reason 
of  such  neglect,  and  such  owner  or  owners  at  the  time  any  accident 
occurs  are  required  to  indemnify  and  save  the  City  of  Austin  harmless 
from  any  damage  that  may  accrue  to  it  by  reason  of  such  neglect. 

Passed  July  17,  1905. 

Approved  July  19,  1905. 


Appendix.  349 

GULF  EEFINING  COMPANY. 


Be  it  resolved  by  the  City  Council  of  the  City  of  Austin:  'That  the 
Gulf  Eefining  Company  of  Port  Arthur,  Texas,  is  hereby  granted  per- 
mission to  build  and  erect,  on  what  is  known  as  the  north  one-half  of 
northeast  one-fourth  of  Outlot  No.  2,  Division  0,  City  of  Austin, 
Texas,  the  same  being  situated  south  of  Block  No.  4,  Outlot  No.  2,  Di- 
vision A,  and  between  Medina  and  Waller  Streets,  and  north  of  Lots  Nos. 
34  to  44,  Outlot  No.  2,  Division  0,  of  said  city,  one  or  more  steel  tanks 
for  the  storage  of  oil  and  oil  products,  to  be  built  on  brick  or  rock 
foundation;  also  a  warehouse  about  forty  feet  square,  of  galvanized  iron 
sides  and  roof,  also  for  storage  of  oil  and  oil  products.  The  quantity  of 
oil  or  oil  products  to  be  stored  or  warehoused  is  hereby  permitted  to  be 
over  two  hundred  and  fifty  gallons. 

Passed  September  25,  1905. 

Approved  September  28,  1905. 


AN  ORDINANCE  GRANTING  THE  RIGHT  TO  WM.  J.  LEMP  TO 
EXTEND  THE  PRESENT  RAILROAD  TRACK  NOW  IN  OLD 
COURT  HOUSE  SQUARE  EAST  ACROSS  GUADALUPE 
STREET  INTO  LOT  NO.  1  IN  BLOCK  NO.  27  OF  THE  CITY 
OF  AUSTIN. 


Be  it  ordained  by  the  City  of  Austin  through  its  Council  as  follows: 
That  Wm.  J.  Lemp  be  and  is  hereby  given  the  right  to  extend  the 
present  track  of  the  International  &  Great  Northern  Railroad  now  in 
old  court  house  square  of  said  city  east  across  Guadalupe  Street  into 
Lot  No.  1  in  Block  No.  27  of  the  City  of  Austin,  County  of  Travis, 
State  of  Texas. 

That  in  making  the  crossing  over  Guadalupe  Street,  as  aforesaid, 
said  Lemp  shall  sink  the  ties  below  the  natural  surface  of  the  ground  to 
such  depth  as  to  leave  the  tops  of  the  iron  rails  thereon  not  exceeding 
one  inch  in  height  above  the  natural  and  level  surface  of  said  street 
and  shall  plank  the  said  rails  on  both  sides  of  each  rail  to  the  full  width 
of  said  street  with  good  and  suitable  planks  and  shall  keep  and  maintain 
the  same  in  this  condition. 

This  ordinance  shall  take  effect  from  and  after  its  passage. 

Passed  November  15,  1886. 

Approved  November  19,  1886. 


350  Appendix. 

GEANTING  PEEMISSION  TO  S.  NETTER,  A.  GEISMAN  &  CO., 

OR  THEIR  LESSEES  OR  VENDEES,  TO  CONSTRUCT 

A    RAILROAD    TRACK,    SPUR    OR    SWITCH 

ON   EAST   FIFTH   STREET. 


Be  it  resolved  by  the  City  Council  of  the  City  of  Austin:  That  the 
petition  of  S.  Netter,  A.  Geisman  &  Co.,  asking  permission  to  con- 
struct a  spur  or  switch  track  from  the  siding  or  switch  of  the  Houston 
&  Texas  Central  Railroad  Company,  to  be  connected  with  said  siding 
or  switch  at  a  point  thereon  nearly  opposite  the  east  end  of  Block  No. 
1  in  Outlot  No.  1  of  Division  A  of  the  City  of  Austin,  and  to  run  from 
said  point  of  connection  across  East  Fifth  Street  in  a  westerly  direction 
to  and  along  the  line  of  a  warehouse  used  by  petitioners  for  storing 
cotton  seed,  situated  at  the  corner  of  East  Fifth  Street  and  East  Avenue, 
be  and  the  same  is  hereby  granted,  and  the  said  S.  Netter,  A.  Geisman 
&  Co.,  or  their  lessees  or  vendees,  are  hereby  granted  permission  to  con- 
struct, under  the  supervision  of  the  City  Engineer  and  the  Street 
Committee  of  the  City  of  Austin,  such  spur  or  switch  track  as  herein- 
before set  out  to  be  used  by  said  petitioners,  their  lessees  and  vendees, 
and  the  Houston  &  Texas  Central  Railroad  Company,  for  the  purpose 
of  passing  cars  over  said  track  in  the  delivery  and  removal  of  freight 
to  and  from  said  warehouse,  and  the  lots  upon  which  same  is  situated. 

This  privilege  is  granted  upon  the  condition  that  said  S.  Netter,  A. 
Geisman  &  Co.,  and  the  person  constructing  said  track  across  said  street, 
shall  hold  the  city  harmless  fronl  all  damages  that  may  result  to  any 
person  by  reason  of  the  construction  of  said  railroad  spur  or  switch  track 
across  said  street;  provided  said  switch  track  shall  at  all  times  be  kept 
so  as  not  to  interfere  with  public  travel. 

This  resolution  shall  take  effect  from  and  after  its  passage. 

I,  Jno.  0.  Johnson,  City  Clerk  of  the  City  of  Austin,  Texas,  do 
hereby  certify  that  the  above  and  foregoing  resolution  was  passed  by 
the  City  Council  of  said  city  at  a  regular  meeting  of  same,  held  on  the 
21st  day  of  January,  1901,  and  that  said  resolution  was  placed  in  the 
City  Clerk's  office  immediately  after  its  passage  on  said  21st  day  of 
January,  1901,  and  that  the  Mayor  of  said  city  failed  to  approve  or  to 
signify  his  disapproval  of  same  for  a  longer  period  than  ten  days  after 
said  resolution  was  placed  in  the  City  Clerk's  office. 

Jno.  0.  Johnson, 

Citjr  Clerk. 
Austin.  Texas,  February  1,  1901. 


INDEX. 


Article.  Page. 

Absence  from  City — 

Officers ". 384  110 

Recorder 137  43 

,,                                                                                                   I  152  46 

^^^y""' ]  441  115 

President  of  Council 152  46 

City  Attorney   450  122 

Engineer 491  .  129 

Additions   to   City 1-4        .  11 

Agents  of  City,  Council  to  employ,  etc 169  48 

AT             *   fl            •                                                                            I  224  65 

''^l^™   «^   ^'' 1  539  138 

In  case  of  riot,  etc 246  68 

Clearing  street.    250  68 

.,,                                                                                                         I  153  46 

^^^^™'^" \  512-518  134 

Board  of    142-144  45 

Removal   of    147  45 

Office  to  become  vacant  in  case  of  removal  from  ward.  .  515  135 

President  of  Board  of 152-153  46 

Contest  of   for  office 194-196  58 

Election  of   375  109 

Office  of  established 371  108 

f"  172  55 

Vacancy  in  office  of <{  „„„  |,o 

[  516  135 

Alleys,    streets   and 842-871  200 

Alleys  are  thoroughfares 868  205 

Amendment  of  budget 176  56 

Animals 5-39  12-19 

Prevention  of   cruelty  to 5-6  12 

Prevent  running  at  large 7-20  12-15 

(  35-39  18 

Dead  bodies  of ■]  677  165 

f  698  169 

Impounding  of    9-16  13-15 

Impounding   of   dogs 26-28  16-17 

iTo  be  killed  and  buried,  when 14  14 

Tolling  within   pound  limits 16  14 

^^^^^^^^ {  659  162 

Driving  on  streets 18  15 

Hitching  on  streets,  etc 19-20  15 

Auction    sale    of 40-43  20 

Penalty  for  keeping  on  unclean  premises 683-693           166-168 

Not  to  be  left  untied 900  213 

Appeal — 

From  Board  of   Equalization 1009  237 

From   Corporation   Court 134  42 


352  Index. 

Article.  Page. 

Appendix 279-350 

Union  depot    279 

Austin  Citj'  Kaihvay  Co 280-289 

Houston  &  Texas  Central  Railway  Co 282-297 

Austin  &  Northwestern  Railway  Co 285-287 

International  &  Great  Northern  Railroad  Co 298-302 

Missouri,  Kansas  &  Texas  Railway  Co 302 

Austin  Ra/pid  Transit  Railway  Co 303-306 

Austin  Electric  Railway  Co.  .' 307-309 

Austin  Dam  and  Suburban  Railway  Co 309-316 

Gas  Works  franchise 317 

Capitol  Ice  Co 317 

Western  Union  Tel.  Co 318 

Southwestern  T.  &  T.  Co 319-326 

Postal  Telegraph  Cable  Co 327 

Telenhone  Co.,  franchise  to  J.  B.  Earl  et  al 329 

Lone   Star   Ice  Co 331-333 

U.   S.  Government  sewer 334-336 

Sewerag<i  sj'stem,  franchise  to  Brush  et  al 336 

State  sewer    .                            338 

Sewerage  system,  franchise  to  Lewis  Mercer  Con.  Co.  .  .  339-342 

Austin  Oil  Mfg.  Co 343 

Water,  Light  and  Power  plant,  purchase  of 344 

Nelson  Davis,  privilege  to  elevate  sidewalk 348 

Gulf   Refining  Co 349 

Lemp,  W.  J.,  right  of  way  to 349 

Netter,  S.,  right  of  way  to 350 

Appropriations 151                     46 

In   conflict   with   estimate 177                     56 

To  appropriate  $500 569                   143 

(  420                  117 

Arrests,  duty  of  officer  in  case  of   \  537                 137 

I  543                  138 

Assessing— -Tax  lists   963-995           227-235 

Council  to  regulate  mode  of 159                    47 

Assessor  and  Collector 451-464           122-125 

Maps  of  additions  to  City  to  be  filed  with 1-4                     11 

Pound   fees   deposited  with 10                    14 

To  register  dogs,  etc 22-24                    15 

Building  permits  issued  by 50-54                    25 

To  keep  record  books  and  niaip  of  cemetery 69                    31 

To  place  cemeteiy  lots  on  sale 70-75                    31 

Duties  and  powers  defined  by  Council 159                    47 

New  bond  of.  Council  mav  require 173                    55 

As  to  hack  numlbers ' 305-306                     85 

Money  due  city  on  notes,  etc.,  to  be  paid  to 329                     91 

Office'  established    371  108 

Responsible  for  correct  assessing 966                  227 

Shall  assess  property 969-979           227-229 

Listing   property    .  .". 989-995                  233 

As  to  taxation  generally 963                  226 

Shall   give   tax   receipts 1015-1016  239 

I  28                    16 

Shall   pa3'   money   to  Treasurer -j  jQjy                  239 

Shall  report  money  collected 1018                  239 

Occupation   taxes    1045-1064  248-255 

Attorney,   the    City 447-450                   121 

To  represent  City  in  Corporation  Court 107-108                    3d 

Alay  have  deputy  in  Corporation  Court 108                   38 

To  present  officers  for  malfeasance 131                    42 


Index.  353 

Article.  Page. 

To    inspect   theaters,   etc 281  77 

Duty   to  suppress  gaming 297  82 

Office   established    371  108 

Auctioneers  shall  pay  occupation  tax 1045  §4  248 

Auctions  and  auctioneers 40-43  20 

Austin  Oil  Mfg.  Co 343 

Austin  City  Railway  Co 280-281-289 

Austin  &  Northwestern  Railway  Co 285-287 

Austin  Rapid  Transit  Railway  Co •  303-306 

Austin  Electric  Railway  Co 307-309 

Austin  Dam  and  Suburban  Railway  Co 309-316 

Automobiles 44-45  21 

Avenue  bridge    888-895  212 

Awnings 885-887  211 

Unsafe 56-58  26 

On    sidewalks    883  210 

B. 

Ball,  playing  on  streets  prohibited 864-866  205 

Ball  park,  occupation  tax •.  .  . .          1045  §31  251 

Bells,  on  street  railroad  cars 788-789  186 

(              802  212 

:Bicycle8,  riding  on  streets 3     925-927  217 

J^i"    P-t-« i     918'92l  2n 

Billiards  and  pool  tables,  occupation  tax 1045  §9  248 

Bills,  etc.,  of  city,  payment  of 754-757  181 

Bills,  notices  and  advertising  cards 46  23 

Birds 48-49  24 

Prevent  cruelty  to 5-6  12 

Blasting 740  178 

Boards  or  Commissions — 

Members  of  opposing  violations  of  8-hour  ordinance.  ...             61  28 

Board  of  Fire  Commissioners 206-208  61 

Board   of   Equalization 996-1009  235 

Organization,  its  powers  and  duties 996-1006  235 

Certified  list  of  changes 1007-1008  237 

Appeal   from    1009  237 

Council  to  prescribe  rules   for 180  56 

Boards  of  Street  and  Sewer  Commissioners — 

City  Council  shall  appoint 168  49 

Duties  of    801-804  192 

Board  of  Plumbers,  examining  and  supervising 600-645  149 

Board    of   Pu/blic   Health 647-649  160 

Bonds — 

Bail  or  appearance \              ^  ^n 

Appeal 134  42 

Hiring \     ,_105  37 

^                                                                                           j     110-112  38-39 

Official 564-565  142 

Of  Sexton 76  32 

Of  Assessor  and  Collector,  Council  may  require  new...            173  55 

Of  Marshal    '. 4I5  HQ 

Of  Clerk 434  120 

■Of  Assessor  and   Collector 451-452  122-123 

Of  deputy  and  assistants  of  Assessor  and  Collector 452  122-123 

Of  Treasurer 466-467  126 

>0f  Engineer 488  129 


354  Index. 

Article.  Page. 

Of  Plumbers 640  157 

For  appearance  to  Corporation  Court \  ,„p  *i 

For  purchases  of  City 750  180 

Liquor    dealers    791  188 

For  public  performances,  etc ■]  ,^i.  Ji^ 

Bonds   (City)    334-337  92-96 

^^°^^"g ]  338-35t  96-105 

Retirement  of    332  91 

,,            .        .                                                                               I  335  (2)  92 

Mayor    to   sign j  398  114 

Bridges 888-897  212-213 

Toll  and  ferries   897  212-213 

No  railway  over 771  184 

Bridges,    streets,   sidewalks   and   thoroughfares 799-942  191-219 

Brush,  etc...  on  vacant  lots 369-370  107 

Buildings  and  supplies  protected  against  fire 254-262  69-71 

Budget,  Council  to  make  annually 176  56 

Buildings    in  City 50-58  25-27 

„            ,      .                '                                                                I  56-58  26-27 

Removal    of    unsafe -1  ofl-?  7() 

■  'Permit 50-55  25-26 

Destroy,  etc.,  to  prevent  fire 266-269  65-66 

Materials  for  in  fire  limits 255  61 

Painting  signs,  etc.,  on 324  89 

On  city  property  and  parks 591-595  147 

Bull,  serving  in  open  lot 19  15 

Burials — 

35-39  18-1» 

698-699  169 

80-86  33-34 

Of  persons .|  88-91  35 

(  170  §7  50 

1  86  34 

Of  paupers \  90  35 

/  408  115 

Without   cemetery   prohibited 100-101  36 

Burial  permit  of  dead  animals 36  18 

As  to  firemen  cemetery  lot 252  68 

c. 

Calendar  of  City 59-63  28-29 

Capitol  Ice  Co 317 

Cars,  railroad,  movement  of  regulated 758-762  182 

Cemetery 64-101  30-36 

Designation  of    63-75  30-32 

T,       ,  ,.         ,                                                                             3  170  §7  50 

Regulation  of   j  88-99  35-36 

Burial  without  prohibited 100-101  36 

Streets  of  named 65-66  30 

Streets  of,   hauling  on 67-68  30-31 

Open    on    Sunday 87  34 

Mutilating  trees,  etc.,  in .... 318  88 

Staking  in  prohibited .  .'. 97  36 

Dogs  excluded   98  36 

Cemetery  lot,  firemen 252  68 

Cen»us,  scholastic.  Assessor  to  make 460  124 


Of  dead  animals    •  •  •  •  \ 


Index.  355 

Article.  Page. 

Certificate,   burial    83  34 

Chimneys,  flues  and  fireworks 263-273  71-73 

Cigarette  dealers,   occupation   tax 1045  §39          252 

r,.                         ,.         ,                                                                            \  1045  §15          249 

Circus,   occupation   tax J.  ,„.^  g,-          240 

Regulation    of 1066-1080  256-258 

Cisterns,  etc.,  to  ibe  screened 669  164 

To  be  covered 741  178 

City    teaims 817-819  194-195 

r  102  37 

Clerk   of   Corporation    Court \  ^^'*"jQg  ^^"3? 

I  520  135 

Clerk,    the   City .  .  . 4.34-446  120-121 

To  countersign   bonds 335  (2)             92 

To  hold  canceled  bonds 335  (3)            92 

(  338  Q7 

To  prepare  refunding  bonds j  „,„  ,„„  .„' 

To   attest   warrants 360  105 

To  register  automobiles 44-45  21-22 

Office  estaiblished .  371  108 

Custodian  of  ordinances 583  145 

Closets,  water,  etc 615  151 

On  boats 663-667  163 

Cock  pit,  occupation  tax 1045  §19          250 

Collector,  the  City   ( see  "Assessor  and  Collector" ) . 

Commission  merchants,   occupation  tax \  ,  _/^  |„^          „t^ 

^                                                           (  104o  82d          20O 

Commissioners,  Street  and  Sewer 801-804  192-193 

Complaint,   in   Corporation   Court 120-122  40-41 

Dismissal    of 135  43 

For  removal  of  officers 387  111 

Concerts,  occupation   tax 1045  §21          250 

Confetti     742  178 

Contagious    disease 708-720  171-173 

Council   to   protect  against 170  §1              49 

Contests,   Election — 

f  145  ""^ 

Council  to  be  iudges  of J  ]l^,  ^^ 

■*     °                                                                   j  184  57 

l^  191-196  58-59 

Statement  of  to  be   filed 379  109 

Continuance,  in  Corporation  Court 133  42 

Contracts  of  City — 

Interest  of  officer  in  prohibited 550  139-14(. 

Of   plumbers    inhibited 643  157 

Forfeiture  of    62  28 

Water,   Light  and  Power   Commission   not   to  have   in- 
terest in   508  134 

Convicts  of  City,  work  of 110-114  38-39 

Corporation  Court   102-141  37-44 

Establishing  and  regulating 102-135  37-43 

Cotton  brokers,   occupation   tax 1045  §25          250 

Council,    City    142-182  45-57 

Organization    and   procedure 142-157  45-47 

Powers   of    158-175  47-55 

Requirements  of   176-180  56 

Proceedings  of  imay  be  published 181  56 

To  appoint  judges  of  election 187  57 

To  try  contest  elections \  l^\.  ^^ 

•^                                                                                          I  196  59 


366  Index. 

Article.  Page. 

Controls  and  authorizes  hospitals 725  174 

As  to  taxation 961-1065  225-255 

To  confirm  or  reject  Fire  Department  applointees 198  60 

May  require  fire  scuttles 229  66 

As  to  petitions  to  build  in  fire  limits 260  70 

To  let  the  office  of  City  Treasurer 465  125-126 

May  prescribe  lighting  conditions,  etc 298  83 

Controls  investing  of  sinking  fund 331  91 

May  fund,  refund^  etc.,  bonded  debt 337  93-96 

May  provide  additional  offices 372  108 

To  install   officers  elect 377  109 

May   require  reports 383  110 

Mayor  to  preside,  etc 400  114 

City  Attorney  to  attend  meetings  of 448  121 

To  fix   salaries,   etc 519  135 

•See  ''Streets,   Sidewalks,"  etc. 

D. 

Dances,    Public 1066-1080  256-258 

Day,  eight   hours 60-62  28 

Dead  bodies,  removal  of 89-90  35 

Of    animals 35-39  18-19 

Death    certificate 82-83  34 

Deed- 
To  cemetery  lots 69-72  31-32 

Mayor  to  sign 398  114 

Assessor    to    sign 1039  245 

Debts  of   City 361  105 

Definitions 956  223 

Delinquent  taxes    1019-1044  240-247 

Digging  on   streets   regulated 822  196 

Disease,  contagious    708-720  171-173 

Council    to   prohibit  against 170  §1         49-50 

I  483  128 

City   Physician   to  quarantine  against A  7oq.7i«  171-172 

Smallpox 717-720  172-173 

Dismissal 135  43 

Disturbing  the  peace — 

By  auctioneers    43  20 

By  beating  drums,  etc 368  107 

Citizens  shall  assist  to  abate  when 426  118 

Dogs 21-33  15-18 

Prevent  cruelty  to 5-6  12 

Vicious 31-32  17 

Excluded    from    ceimetery 98  36 

Mayor  to  prohibit  from  running  at  large 401  114 

Dog  Catcher    25  16 

Assistant 25  16 

Reports  of 29  17 

Door  bells,  ringing  of,  etc .  .  323  89 

Drains,  house    • 607  150 

Drays 304-317  85-87 

Drivers,   fire    235-239  67 

To  report  holes  in  streets,  etc 244  68 

Driving  on  streets,  etc.,  regulated 857-862  204 

Stock  on  certain  streets.  : 18  15 

In  cemetery   94  35 

^       .        .       .  ..x                                                                      S  315-316  87 

Turning  to  right. j  857-859  204 

Drum  beating,  etc 368  107 


Index.  357 

E. 

Article.  Page. 

Effigy,  prohibited    319  88 

Elections 182-196  57-59 

Regulation   of    182-190  57-58 

f            145  45 

I             175  55 

Dontest  of    \     191-196  58-59 

1             184  57 

I            379  109 

To  increase  (bonded  debt .'           334  92 

Of   officers    374-375  108-109 

To    fill    vacancies 172  55 

Of  officers  of  Fire  Department 198-205  60-61 

Mayor  to  issue  proclamations  for 403  115 

Eight  hours,  a  day 60-62  28 

C            199  60 

Engineer,  Fire  Chief   ]            206  .     61 

(    211-217  62-64 

May  demand  aid  of  citizens  and  destroy  houses 225-226  65 

Extinguishment  signal,  duty  as  to 250  68 

Cemetery  lot    252  68 

Uniform 253  69 

To  inspect  theaters,  etc 276-281  75-77 

i          55-56  26 

488-500  129-131 

To  inspect  buildings 56  26 

To  work  city  convicts 112  39 

To  supervise  construction  of  oil  tanks,  etc 286-287  79 

To  supervise  digging  in  street,  etc 299  83 

See     "Plum'bing";     "Streets,     Sidewalks,     Bridges     and 
Thoroughfares." 

Office   established    371  108 

Ex-oiRcio  member  of  Plumbing  Board 600  149 

Supervise  construction^  etc.,  of  street  railway  tracks...  <  ■■          q,^  194 

Charge  of  City  teams 817-819  194-195 

Permit  removal  of  dirt  from  streets ;  . .           822  196 

Supervise  construction   of  sidewalks 872  §5  207 

Engineer,    Electrical 1101-1112  275-276 

Equalization,    Board    of 996-1009  235-238 

Organization  of,  its  powers  and  duties 996-1006  235-237 

Certified   list   of  changes 1007-1008  237 

Appeal   from  action  of 1009  237-238 

Council  to  prescribe  rules  for 108  56 

Assessor  to  make  return  to 456  123 

Assessor  shall  attend  meetings  of 457  123 

Estimate  of  City  income  and  expenditures 176-177  56 

Clerk  to  keep  posted 436  120 

(             806  193 

Excavations  on  streets,  etc ■{            910  215 

(  ■  915-917  216 

Explosives,   etc.,   keeping 269  72 

F. 

Fairs,  theaters,   etc.,  during  prohibited 1078-1080  258 

Fare,  hacks,  etc.,  authorized  to  charge 307-309  85-86 

Feed,  etc.,  to  protect  against  fire 256-258  69-70 


358  IxDEX. 

Article. 

Fees,  pound    10  13 

o^j--^  i         lU  ull 

Of  City  Attorney 107  38 

Dog   registration,    etc 22-28  15-17 

For  burial  of  dead  animals 36  18-19 

O^   S*^-^t°°    -I               88  35 

Of  Recorder   102  37 

Of  fire  examinations 228  66 

For    certified    copies 442  120 

603  149 

642  ,  157 


Plumbing \ 


Hospital ■]     - 


723  174 

30-731  175 

Fences,   in   cemetery 92  35 

Building  of  regulated 254  69 

Painting  signs,  etc.,  on 324  89 

Ferries,  toll  bridges,   etc 879  212-213 

Filth,    removal    of 694-699  168-169 

(     102-114  37-39 

Fines,  in  Corporation  Court \           118  40 

(            129  41 

Generally 327-328  90 

Mayor,  with  Council,  may  remit 405  115 

Marshal  to  collect   .    421  118 

Fire,   in  case  of 251  68 

Extinguisli  signal   249  68 

Fire  Commissioners,  Board  of 206-208  61 

Recorder   of    217  64 

Petition  to  build  in  fire  limits 260  70 

To  supervise  oil  tanks,  etc 286  79 

Fire  Department    187-253  «0-69 

Officers   of    198  60 

General  rules  243-251  68 

Organization 197-222  60-65 

Foreiman 230-234  66-67 

Admission  of  companies  to 208-210  61-62 

Suspension   of   companies .  .  .  ; 211  62 

Purchases  for    749  180 

Drivers  of    235-239  67 

Fire    limits    223  65 

Building  and  supplies  in 254-262  69-71 

Firemen,    cemetery    lot 252  68 

Uniform 253  69 

^           ,       .                                                                                 i            211  62 

Funerals  of    ^            234  67 

To  report  interference  with  hydrants 243  68 

Fire,  making  and  carrying 270-271  72-73 

Protection  against   197-287  60-79 

In  theaters,  etc 274-284  73-77 

R^ulations 224-229  65-66 

Drivers 235-239  67 

„                                                                                             S           238  67 

Ho»« '■    I     240-242  67 

3     263-273  71-73 

Fireworks -1            -^g  jyg 

TiBCtA  year 59  28 

\            174  65 

Fish,  catch  of  regulated -J     '>88-'^89  80 


Index.  359 

Article.  Page. 

Flues 263-273  71-73 

Food,  pure   658-661  162 

Foreman  of  Fire  Department 230-234  66-67 

Foreman,   street    813-816  194 

Fortuneteller,   occupation  tax 1045  §41  252 

Funerals,   of   Firemen <  ^oa  ffj 

G. 

Gaming  prohibited 290-297  81-82 

Gas  Works   franchise ; 317 

Gas  and  lighting 298-303  83-84 

Gas   pipes     etc                                                                                  -I  ^^^   ^^^  *^ 

uas    pipes,    etc -^  ^^^  ^^^ 

Goats  and  sheep 7  12 

Gong,   on  street  railroads 788-789  186-187 

On  fire  wagons,  etc 237  67 

Grades 820-821  195-196 

Building  to  conform  to  that  of  streets 55  26 

Council   to   establish 166-167  48-49 

Engineer  to  fix 767  184 

(  81  33 

Graves ^  84  34 

(  88-92  35 

In  firemen  lot 252  68 

Grazing,  etc.,  on  streets,  etc.,  prohilbited 867  205 

Guns,  air    (see  ''Toy  Pistols"). 

Gulf  Refining   Co 349 

Gutters 840-841  200 

H. 

Hacks,  public    304-317  85-87 

Hides,    etc 685  167 

Hitching  of  teams,  etc \  ^J^^  ^86 

Hobby  horse,   occupation   tax 1045  §12  248 

Hogs,  reulating  keeping  of 34  13 

Preventing  cruelty  to 5-6  12 

Offensive  pens   682  166 

Hose,  fire    238  67 

Hospitals,    City    721-738  173-176 

City  Physician  shall  superintend 481  128 

Houses,  numbering  of 846-850  202 

Houston  &  Texas  Central  Railroad  Co 282-297 


fee  dealers    (wholesale)   occupation  tax 1045  §33          251 

Impersonation  of  officers 308  109 

Improvement  of  streets,  etc 805-823  193-196 

Inspection  of  buildings 56  26 

Inspector,   Sanitary    650-657  160-161 

Of  Plumbing  (see  "Plumbing"). 

Installation   of   officers 376-379  109 

Of   Fire   DeiJartment 198  60 

Insurance  agents,  occupation  tax 1045  §23          250 

Adjusters,   occupation   tax 1045  §40          252 


360  Index. 

Article.  Page, 

Interfering  with  Officer  in  Discharge  of  Duty — 

In  impounding,  etc.,  of  animals 15  14 

In  impounding,  etc.,  of  dogs , 33  17 

Generally 380  109 

Marshal 427  11» 

City  Pliysician    485  129 

City  Physician,  amallpox 719  173 

International  &  Great  Northern  Railroad  Co 298-302 

J. 

Jackass,  serving  in  open  lot 19  16 

Journal    of   Council 148-149  45 

May  be  published 181  56 

"Yeas"  and  "nays"  entered  on*  when 567  143 

Judges  of  election,  appointment  of 187-190  57-58 

Certificate    of    377  109 

Jury  in  Corporation  Court 123-127  40 


Kites,  flying  on  streets,  etc.,  prohibited 863  205 

Knife  rack,  etc.,  occupation  tax 1045  §8  248 

L. 

Lemp,  W.  J.,  right  of  way 349 

Lightning  rod  dealers,  occupation  tax 1045  §24          250 

T-  ...                                                                                                     \  298-303  83-84 

^'S^^'^'S ]  1098  264-273 

I/ights — 

On  automobiles   44-45  21-22 

In   theaters,   etc 280  76-77 

On  material  in  street 914  216 

On   bicycles 926  218 

Regulating 1098  264-273 

Electric,  regulating  1098  264-273 

Limitation 1020  240 

Liquor  dealers'  occupation  tax 1045  §1  247 

Liquor   dealers    791  188 

Lists  and  listing  or  assessing  of  taxes 963-995  226-255 

Council  to  regulate  mode  of 159  47 

Lone  Star  Ice  Co 331-333 

Lumber  yard,  etc 259  70 

M. 

Malicious   mischierf    318-324  88-89 

Maps  and  plats  of  additions  to  City 1-4  11 

Filing  of  -with  Assessor  and  Collector 1-4  11 

Of  cemetery    69  31 

Sextons 79-80  33 

--    .    .      ,                                                                                            (  170  §2       .       50 

Market  place   j  935-938  219 

Marriages,  Mayor  may  solemnize 412  110 

Marshal,  the  City '. 414-433  116-120 

Duties  in  Corporation  Court 102-141  37-44 

To  establish   pound 8  13 

To  establish   dog  pound 26  16 


Index. 


361 


Article. 

To  remove  unsafe  buildings,  etc 58 

To  take  appearance  bond  to  Corporation  Court 128 

1  227 

To  guard  against  fire J  .^-t,  „y„ 

To  remove  buildings,  etc 262 

To  inspect  theaters,  etc 281 

Office  estaJblished    371 

Shall  call   City   Physician 477-480 

See  "Public  Health." 

Matron  of  Hospital -t  -  Jl 

Mayor,  .the  City 397-413 

To  protect  against  mad  dogs ■  ■  ■  ]  qo 

r  69 

To  make  deed  to  cemetery  lots -s  „„ 

To  appr&ve  Ibond  of  sexton 76 

Discretion  in  burial  of  paupers 86 

With  Council  may  remit  fines 114 

Constitutes,   with   Aldermen,   City  Council 142 

Death  or  resignation  of 152 

To  preside  at  Council,  etc 156-157 

To  order   new   election 184 

To  'preside   in  contests 194 

Contest  for  office  of 194-196 

To  commission   Fire  Department  officers 209 

To  swear  in  fire  police 218 

!227 
272-273 

To  examine  into  cause  of  fire 228 

May  authorise   fireworks,   etc 267 

May  require  reports 383 

To  inspect  theaters,  etc 276 

Issuing  warrants    343 

To   invest  money  in  sinking  fund 331 

To  sign  City  bonds 335   (2) 

(  337 

As  'to  refunding  bonds <  338 

(  343 

As  to  sale  of  refunding  bonds 348 

•    To  call  installation  session  of  Council 376 

Office  established 373 

(  172 

Vacancy  in  office  of <  185 

(  394 
Ex-officio   a  member  of  Water,  Light  and  Power   Com- 
missioners    501 

To  try  violation  of  ordinances ■}  _„^ 

^                                                                                         }  585 

Member  of  Board  of  Health 648 

Measures,    weights    and 1113-1114 

Meat,  display  on  sidewalks  prohibited 879-882 

Healthful 660 

Medicine  shows,  occupation  tax 1045  §37 

Merchant,  bankrupt,  occupation  tax 1045  §2 

Minor,   sale   of  liquor  to 794 

Misdemeanors 325-328 

Missouri,  Kansas  &  Texas  Railr'oad  Co.  of  Texas 

Money    and    funds 329-333 

From  sale  of  impounded  stock '. 10 

From  sale  of  cemetery  lots 69 


Page. 

27 

41 

65-66 

73 

70-71 

77 

108 

127-128 

175 

176 

113-116 

15 

17 

31 

32 

32 

34 

39 

45 

46 

46-47 

57 

58 

58-59 

61-62 

64 

65-66 

73 

66 

72 

110 

75 

100-101 

91 

92 

93-96 

97 

100-101 

102 

109 

108 

55 

57 

113 

131 

116 

145 

160 

277 

210 

162 

251 

247 

189 

90 

302 

91-92 

13-14 

31 


362  Index. 

Article.  Page. 

From  fines  in  Corporation  Court 104  37 

City  Council  have  care,  etc 160  47 

Council  may  raise  on  credit  of  City 161  47 

Received  and  axpended,  statement  of  to  be  published.  . .  178  56 

Paid  out  only  on  warrants 360  105 

Spent  by  Mayor  only  with  consent  of  Council 406-407  115 

•^faJ^or  may  spend  to  bury  paupers 408  115 

Pav-ment  out   409  115 

Collected  by  Marshal 422  118 

Treasurer  to  keep  all  of  City 469  126 

For  taxation    956  223 

Assessor  to  pay  Treasurer  and  report 1017-1018  239 

Not  to  be  paid  to  person  in  arrears 1019  240 

■  Bonds  and'  warrants  of  City 329-366  91-106 

Money  brokers,  occupation  tax 1045  §29          245 

Monuments,  etc.,  mutilation  of 93  35 

Morality,  ■public  safety  and 740-747  178-179 

Museums,  wax  works,  etc.,  occupation  tax <  104'?  520          Z'lO 

1  ^18  88 

Mutilation  of  buildings,  trees,  etc j  -oj.  ^.q 

N. 

Naked,  etc.,  in  public  places 746-747  179 

Naming  streets  842-845  200-202 

In  addition?  to  City 1-4  11 

Negroes,   separate   compartments   for 778-787  185-186 

Netter,  S.,  et  al.,  right  of  way  to 350 

New  trials    133  42 

Notice,  of  animals  impounded 8  13 

To  kill  dog 32  17 

To  remove  unsafe  buildings 56-58  26-27 

Of  excltieion  of  dogs  from  cemetery  to  be  'posted 99  36 

Of  special  meetings  of  Council 155  46 

Of  election?    190  58 

In  contests  of  elections 191  58 

Of  fire  elections 200         »  61 

Of  tax  elections 334  92 

(  338  98 

Of  bonds  drawn  for  redemption \  2^2  in3 

To   Plumbing   Inspector 641  103 

In  removal  and  suspension  proceedings 387  111 

In  trials  'before  Council 388  111 

From  Board  of  Equalization 1006  236-237 

Of  appeal   1009  237-238 

Of  date  of  county  fair,  filing  of 1079  258 

Nuisances   367-371  107 

Unsafe  buildings 58  27 

Council  to  define,  etc 170  §4  50 

Abating    of    652-655  160-161 

Defined 254  161 

Stagnant  water 670-673  164 

Business  injurious  to  health 683-686  166-167 

Body  of  dead  animals 688  167 

See*  "Public  Health." 

Numbers — 

To  be  placed  on  automobiles 44-45  21-22 

On   hacks    305  85 

On   houses,    mutilation .  .  .' 318  88 

Scheme  of  on  houses 846-850  202 


Index.  363 
0. 

Article.  Page. 

Oaths  of  office,  ilayor  may  administer 412  116 

Obstructions   on   streets 901-91'i  214-216 

Occupation  tax 1045-1064  247-255 

Of  auctioneers 41  20 

Of  bill   posters 46-47  23 

Council  has  power  to  levy 165  48 

Assessor's  duty  as  to 458  123 

Office,    dual    holding   prohibited 550  139-140 

Officers   of    City 371-563  108-141 

Ciih                                                                                              i  372  108 

^^'^^^ I  519-549  135-139 

Their  qualification  and  election 371-375  108-109 

Installation   of    376-379  109 

Receipt  of  property  by 381-382  110 

Reports  of    383  110 

Absence  from  City 384  110 

Resignation    of    385  110 

Removal  and  susipension  of 386-396  111-113 

Impersonation  of    380  109-1 10 

Interest   in   City  contracts   prohibited 550  139-140 

Salaries  of   551-563  140-141 

T?i«.„f;^^      f                                                                                 i  182-190  57-58 

^^""^^^'^   ^^    ]  371-375  108-109 

Shall  not   deal  in  city  warrants,  etc 364  106 

Mayor  has  general  control  of 397  113 

Mayor  to  see  that  they  legally  qualify 401  114 

Officers  of   Fire   Department 198-199  60 

Official   bonds    564-565  142 

Of   Sexton    76  32 

See  "Officers  of  City." 

Oil,  etc.,  keeping  of  regulated 269  72 

Use  of  crude,  etc.,  regulated 285-287  78-79 

Opening  and  changing  of   streets 851-856  202-203 

Opening,   etc.,  on   streets 915-917  216 

Ordinances  of  the   Cit. j  J^lJJ"  ^  «j« 

Appropriating  money,  increasing  tax,  etc 149  45 

To  be  enacted,  etc.,  by  Council 160  47 

Not  to  conflict  with  State  lajws 171  55 

Council   may  pass   such   as   necessary  to  carry  out   its 

powers 174  55 

Mayor   to   sign 398  114 

Mayor  to  try  violations  of 413  116 

Clerk  to  have  custody  of 437  120 

City  Attorney  to  draw 448  121 

P. 

Paper,    loose,    etc 918  217 

Park,    Pease    '588-592  146-147 

Strip  on  East  Avenue 877  209 

Parks,  City 586-587  146 

Building  on    ■ 593-595  147 

Passengers  alighting  protected 765-766  183 

Separate  compartments  for 778-787  185-186 

Patent  medicine  dealers,  occupation  tax 1045  §3  248 

Paupers,  burial  of 86  34 

Mayor  may  spend  money  to  remove 407  115 

Hospital  treatment   722  173 


364  Index. 

Article.  Page. 

Pavincr   street                                                                                      i    824-839  196-200 

Paving  street j   g^g  ^^^  ^^^^^^ 

Pawnbrokers 596-599  148 

Occupation    tax    1045  §26  250 

Payments  for  City  purchases 754-757  181 

Of    taxes    1010-1018  238-240 

Peddler,  occupation  tax j  \^f.  |^^         |^^ 

Penalties                                                                                              i            ^^^  ^^ 

^^^^^'^ \          1021  240 

Penalties  and  tax  sales 1021-1044  240-247 

Permit  to  Ibuild 50-55  25-26 

To   bury   animals 36  18 

To  bury  persons    (death  certificate) 82  34 

To  disinter   89-90  35 

To  build  in  fire  limits 260  70 

Plumbing 620  153 

To  remove  dirt,  etc.^  from  streets 822  196 

Public  performances    1068-1080  256-258 

For   Aviring    1103-1112  275-276 

Pest    house    717-720  172-173 

Petroleum,  crude,  use  of  regulated 285-287  78-79 

Phonograph  performances,  occupation  tax 1045  §34  251 

Physician,  the  City '. 478-487  127-129 

Office   established,    371  108 

Ex  officio  member  of  Plumbing  Board 600  149 

Member  of  Board  of  Health 648  160 

Burial  of  dead  animals 699  169 

As  to  pestilential  diseases 708-716  171-172 

In  smallpox  717-720  172-173 

As   to    hospitals 721-738  173-176 

Resident  at  hospital 734  175 

See  "Public  Health.'' 

Physician,  traveling,  occupation  tax 1045  §6  248 

Picture  shows,  etc.,  occupation  tax 1045  §35-36     251 

Pigeons 700-701  169 

Piping  and  drainage 607-645  150-159 

Pi-pes,  laying  of 1092-1097  263-264 

Plats    (see  "Maps  and  Plats  of  Additions  to  City"). 

Engineer  to  follow  those  in  Land  Office 496  130 

Plunubing 600-645  149-158 

Examining  and  Supervising  Board  of 600-606  149-150 

Regulated 607-645  150-158 

Poison 661  162 

Police  force   520-549  135-139 

Marshal  ex-officio  chief  of 416-418  116-117 

Marshal  to  prescribe  rules  for 417  117 

Policemen — 

Poundmaster  has  powers  of 9  13 

Sexton    is   ex-officio 76  32 

Council  to  provide  and  fix  compensation  of .  . 179  56 

Fire 217-219  63-64 

Salaries  of   524  136 

Shall  call  City  Physician  in  emergency 479-480  127-128 

To  demand  occupation  tax 1048  254 

Park 589  146 

218  64 

520-549  135-139 

Pools  on  horse  races,  occuipation  tax 1045  §10         248 

^                                                        -            324  89 

918-924  217 


Special '. j 


Posters  and  signs . \ 


Indsx.  365 

Article.  Page. 

Postal  Telegraph  Cable  Co 327 

Pound 8  13 

Relating   to    9-16  13-15 

Dog :  . 26  16 

Poundmaster ; 9  13 

Powder,  keeping  of  regulated 269  72 

(■            152  46 

President  of  Council \            194  58 

i           389  111-112 

To  preside^  etc.,  in  albsence  of  Mayor 411  115-116 

Premises,   unclean 680-693  166-168 

Printing,   City    646  159 

(     429-433  119 

Privies,    etc ■]     689-690  167-168 

(     694-699  168-169 

Of  schools    702-707  170 

Property  of  City,  receipt  for 381-382  110 

Council   has  management  of 160  47 

Fire  apparatus,  etc 221-222  64-65 

Return   of    382  110 

Record  of  to  be  kept 443  121 

Property  subject  to  taxation 953-960  222-225 

Public  and  private  schools,  sanitary  regulation  of 702-707  170 

Public  amusement,  places  of,  protection  against  fire 274-284  73-77 

Regulating    places    of 1066-1077  256-258 

Public   health 647-739  160-176 

Board  of    647-649  160 

Council  to  protect 170  §2,3,5,6     50 

'City  Physician  to  see  all  ordinances  relative  to  are  en- 
forced      482-483  128 

Public  performances    1066-1077  256-258 

Public   place    739  177 

Playing   cards,    etc.,    in 290-292  81-82 

Naked,  etc.,   in 746-747  179 

Alleys   are    868  205 

Public  safety  and  morality 740-747  178-179 

Public  vehicles    ". 304-317  85-87 

Purchases  of  City 748-757  180-181 

Payment  for    754-757  181 

For   Fire   Department <            „.„  ^„ 

Q. 

Qualification   of   officers 373-377  108-109 

Of   Recorder 136  43 

n           +•                                                                                              S             170  §1  49 

Quarantme ]^           ^^3  ^^8 

Quorum,  of  City  Council j'           ,  _.  _ 

R 

Railroads 758-766  182-183 

Movement   of  cars 758-762  182 

Trespassing  on  cars  of  prohibited 763-764  182-183 

Alighting,  passengers   of  protected 765-766  183 

Separate   compartments    778-787  185-186 

Gong  or  bell  on 788-789  186-187 

Electric  wiring   1099  273-275 


366 


Index. 


Article.  Page. 

Property  of  ±o  be  taxed |  If^  f^ 

To  give  sworn  list  of  property 982-983  232 

Railways,    street    " 7G7-789  184-187 

To  stop  at  fire  signal 250  68 

To  pass  ipolicemen 545  138 

Spitting  on   prohibited 367  107 

Pave  track 825  196-197 

Wiring 1099  273-275 

Recorder,    the    City 102-141  37-44 

As  to  mad  dogs 32  17 

To  preside  over  Corporation  Court 102  37 

To  be  elected  by  voters  of  city -!  ,„^  .„ 

To  require  attendance  of  officers  on  court J  ,,„  ".„ 

May  punish  for  contempt -j  ,.20  41 

To  keep  docket  governed  by  State  laws 118  40 

On  failure  of  city  officials  in  duty. 131  42 

As  to  bail  bond 132  42 

Continuance  and  trial  of  cases 133  42 

Duty  in  appeals 134  42-43 

As  to  dismissals 135  43 

Qualification    of    136  43 

Absence  of    137  43 

Vacancy   in   office   of 137  43 

I  124-125  41 

Jurisdiction    and  powers  of i.  too  i^n  4^  44 

Supervision    of    141  44 

To  transfer  cases 122  40 

To  guard  against  fire 227  65-66 

To  examine  into  cause  of  fire 228  66 

Duty  to  suDipress  gamiog 297  82 

See  "Public' Health." 

I  199  6a 

Recorder  of  Fire  Department \  206  61 

(  217-219  63-64 

Records,  Pound   13  14 

Of  dogs  registered 24  16 

Marshal's,  of  animals  impounded,  etc 13  14 

Of  auctioneers   40  20 

Automobile 44-45  21-22 

Of   cemetery   lots,  etc 69  31 

Sexton's,  of  burials 79  33 

Register  of  Fire  Deparbment 217  63 

Of  ordinances    '. 437  120 

Certified  copies  of    442  120 

Of  property  of  'City 443  121 

To  be  kept  by  Assessor  ajad  Collector 461-462  124-125 

Of  City   Engineer 491  129 

Of   pawnbrokers    596-599  148 

Sanitary 671  164 

Assessor's,  of  sales  of  real  estate 1039  24R 

Occupation    tax     1046  252 

Transfer   of    occupation    tax 1050  253 

Of  pipes  laid,  etc ' 1097  263 

Redemption  from  tax  sales 1041-1043  245-246 

Refunding   bonds    338-359  96-105 


Index.  367 

Article.  Page. 

Registration,  dog   22-24  15-16 

Of  automoibiles    44-45  21-22 

Of  interments    80  34 

Of  Fire  Department  oflicers 217  63-64 

Of  refunding  bonds 338-359  96-105 

Removal  and  suspension  of  officers 386-396  111-113 

Of    Sexton    77-78  32 

Of    Recorder     141  44 

Of  Aldermen 147  45 

Mayor's  appointment,  pending  action  for 410  115 

Of  Assessor  and  Collector 452  122-123 

Of  City   Marshal    435  137 

Of  police   548-549  139 

Removal    of    filth 694-699  168-169 

Removing  dirt  from  street 822  196 

Repeal   and   araendiments <  ^^^  -„„  .  . . 

Reports  of  officers \  ^H  J  J^ 

Of  dogs  impounded,  etc 29  IT 

Of  'Sexton   of  interments 86  34 

Of  Corporation  Court  Clerk 102  37 

Of  Fire    Department    211-212  62-63 

On  expiration  of  term,  etc 383  110 

Mayor  may  require 397  113 

Of  Mayor  as  to  condition  of  City 402  U4-115 

Of  Marshal ']  ^^J  {^ 

Of  Clerk   441  120 

Of  assessor  of  scholastic  census 460  124 

(  469-470  •  126-127 

Of    Treasurer    \  473  127 

(  476  127 

r\t  rifxr  m      ■  •                                                                           \  484  128-129 

Of  City  Physician    j  ^^^  ^29 

Of    Engineer    500  130-131 

Of  Water,  Light  and  Power  Commissioners 501-511  131-134 

Of    Sanitary    Inspector 656  161 

Of  Hospital   Trustees 733  175 

Of  assessors  of  sales  of  real  estate 1040  245  • 

Of  Assessor    . 1018  239 

Report   of   moneys   received   and   expended    to   be   published 

yearly 333  92 

Resignation   of   officers 385  110 

Running  at  Large — 

Animals 7-21  12-15 

Dogs  26-33  16-18 

s. 

Safety,   public,   and   morality 740-747  178-179 

Salaries  of  officials 551-563  140-141 

Of  Poundmaster    \  _,.,,  ,  .„  ,  ., 

/  5b2  140-141 

Of  Dog   Catcher 25  16 

Of  Assistant  Dog  Catcher 25  16 

Of  Assistant  Sanitary  Inspector 38  19 

Of  the  City  Recorder 102  37 

Of  Deputy  'city  Attorney 1 08  38 

On  abolish  or  discharge 169  49 


368 


Index. 


Article. 

Of  assistant  to  Assessor  and  Collector 455 

Of   City  Physician 487 

Of    Engineer    499 

Of  Water,  Light  and  Power  Commissioners 501 

Of  Dolicomen  and  Sergeant  of  Police 524 

Of  Mayor,  Marshal,  Clerk,  Attorney,  Assessor  and  Col- 
lector and   his  assistant.  Treasurer,   Physician  and 

Aldermen 551-559 

Of  drivers  of  sanitary  carts 560 

Of   fire   drivers 561 

Of  Bridge  Keeper,  Sexton,  Sanitary  Inspector,   Matron 

of  Hospital,  Porter  of  City  Hall 562-563 

Of  Sexton  85 

Of  park   police 589 

Of  members  of  Plumbing  Board 603 

Of    Plumbing    Inspector 606 

Of  Board  of  Health 649 

Of  Resident  Physician  at  Hospital \  i^ 

Of  Matron  of  Hospital 737 

Of  Street  Foreman    816 

Of  Board  of  Equalization 998 

Sales  of  impounded  animals 8 

For    taxes    162-163 

Of  impounded   dogs 28 

Auction   40-43 

Of  birds  prohibited    49 

Of  cemetery  lots    j  ^^'^^ 

Tax  and  penalties 1021-1044 

Saloons 790-798 

No  election  to  be  held  in 188 

Card  playing,  etc.,  in 290-292 

Theaters,  etc.,  not  to  exhibit  in 1068 

Sanitary   Inspector 650-657 

For  clean  water  supply 662-669 

Sanitary  Inspector,  Assistant 37-38 

Sergeant  of  Police    (see  "Policemen"). 

Duties   of   prescribed i  520-549 

Appointed  by  Marshal 523 

Oath    of    531 

In  charge  of  police  force,  when 532 

School  tax    1065 

Privies,    etc 429-433 

Sanitary  r^ulation  of,  public  and  private 702-707 

Seal  of  City- 
Mayor  to  keep,  etc 399 

Clerk  to  have  custody  of 438 

Of  Water,  Light  and  Power  Commission 506 

Sei>arate  compartments  on   railroads 778-787 

Sewer,   Street   and.   Commissioners 801-804 

Sowers — 

Council  to  put  in,  etc 166-107 

Connecting  with   (see  "Plumbing"). 

Sewera^  system,  franchise  to  Brush  et  al.  for 

Sewerage  system,  franchise  to  Lewis  Mercer  et  al.  for 

Sewerage   for   State 

Sewing  machine  agents,  occupation  tax 1045  §27 


123 
129 
130 
131 
136 


140 
140 
140 

140-141 

34 

146 

149 

150 

160 

175 

176 

176 

194 

235 

13 

48 

16-17 

20 

24 

31-32 

33 

241-247 

188-190 

57 

81 

256 

160-161 

163-164 

19 

117 
135-139 
136 
137 
137 
255 
119 
170 

114 

120 

133 

185-186 

192-193 

48-49 

336 

339-342 

338 

250 


Index.  369 

Article.  Page. 

Sexton,   the   City 76-87  32-34 

To  post  dog  exclusion  notice 98-99  36 

Sheep,  goats   and 7  12 

Shooting   gallery 744  178-179 

Occupation  tax    1045  §7  248 

Sidewalks,  streets,  bridges  and  thoroughfares 799-942  191-219 

Sidewalks 872-887  206-212 

Building  of  regulated 872-878  206-210 

Display  of  meat  on  prohibited 879-882  210 

Use  of  regulated 883-884  210-211 

Bicycles,    riding   on 925-927  217-218 

Awnings  on   885-887  211-212 

Spitting  on    367  107 

Council   to   fix   and   determine  nature 166-167  48-49 

Elevated,  privilege  to  Nelson  Davis 348 

Signs 899  213 

Posters   and    ]     ^^^^  ^H 

On    sidewalks,    etc 883  210-211 

Skating  rink,   occupation  tax 1045  §30  251 

Slaughter   houses,   etc 170  §3  50 

Sleeping  on  streets,  etc.,  prohibited 898  213 

Sleight   of  hand   performances,   occupation  tax 1045  §18  250 

Sleight  of  hand 1066-1080  256-258 

Slops,  etc.,   moving 697  169 

Smallpox 717-720  172-173 

Southwestern  Telegraph  and  Telephone  Co 319-326 

Special  meeting  of  Council 154-155  46 

Special  police    525-549  136-139 

Speed — 

Of  automobiles    44-45  21-22 

In   cemetery    94  35 

To  and   return   from   fires 236  67 

Of  trains,    etc 758-762  182 

Of  driving   on   streets ; 860-862  204 

On  bridges 889  212 

Spitting  on  sidewalks,  etc.,  prohibited 367  107 

Stagnant   water    662-673  162-165 

Staking  and  grazing  on  streets  prohibited 867  205 

In  cemetery   97  36 

Stallion,  serving  in  open  lot 19  15 

Standard   time    63  29 

Statement  of   annual  receipts  and  expenditures  to  be  pub- 
lished             333  92 

State  sewer    338 

Steam  laundry,   occupation   tax 1045  §2  251 

Stones,  throwing  or  shooting,  etc. 318  88 

Street  and   Sewer   Commissioners 801-804  192-193 

Council  to  appoint 168  49 

Street   Foreman    813-816  194 

Paving 824-839  196-200 

Streets    and    alleys 842-871  200-206 

Alignments  of   55  26 

Named  and  designated 842-845  200-202 

Of  additions  to  City,  naming  of 1-4  11 

Opening  and   changing 851-856  202-203 

Driving  on  regulated ]     857-862  204 

Kite   flying,   etc.,   prohibited 863  205 

Playing  ball,  etc.,  on  prohibited 864-866  205 

Staking  and  gracing  on  prohibited 867  205 


370  Index. 

Article.  Page. 

Driving  droves  of  animals  on ; 18  16 

Of   cemetery    65-67  30-31 

Names   of   mutilated '. 318  88 

Streets,  sidewalks,  bridges  and  thoroughfares 799-942  191-210 

Improvement  of  and  work  on 805-823  183-196 

General  supervision  of  work  on 812  104 

Funds  for  work  on 807-81 1  193-194 

Sleeping  on  prohibited 898  213 

Obstructions 901-914  214-216 

Openings  on 915-917  216 

Posters,  signs,  etc.,  on 918-924  217 

Bicycle  riding  on 925-927  217-218 

Renioving    dirt    from 822  196 

Passage  of  free,  police  to  keep 542  138 

Telegraph   poles,  etc.,   on 870-871  206 

Use  of  with   animals  regulated 900  213 

Grades  of   820-821  195-196 

Digging   in   regulated 822-823  196 

Digging  for  gas  pipes 299  83 

Of  additions  to  city 1-4  11 

Hitching  mi,  etc 20  15 

Council  has  exclusive  control  and  regulation  of ]  -„„  jg. 

Engineer  to  have  general  control  of ]  a^o  -.qa 

Digging  in  for  sewer,  etc 626-633  155-156 

■  Trash,  etc.,  not  to  be  discharged  into 674-679  165-166 

Railwav  tracks  to  conform  to  jjrade  of 767-777  184-185 

Vending  on   prohibited 928-942  218-219 

Use  of  with  animals  regulated 900  213 

Staking  and  gracing  on  prohibited 867  205 

Simday,  observation   of  regulated 843-852  220-221 

Suspension  and  removal  of  officers 386-396  lir-113 

Of   Sexton    77-78  32 

Of  Recorder 141  44 

Of  Aldermen    147  45 

Appointee  to  interval 410  115 

Of  police   548-549  139 

T. 

Tax- 
Amount  and   purpose 961-962  225-226 

I  963-995  226-235 

Lists  and  listing  or  assessing -j  jgg  47 

I  165  48 

Occupation ]  1045-1064  247-255 

School 1065  255 

Taxation 953-1065  222-255 

Property  subject  to 953-960 

Taxes,  payment  of 1010-1018 


Sales  for  and  penalties 1021-1044 


222-224 
238-240 
240-247 


458  123 


Delinquent j  1019-1020  240 


47-48 
48 


Power  to  levy  and  collect  in  Council 159-165 

Seizure  and  sale  for.  Council  to  provide  for 162-164 

Irrepealable  after  levy  and  collection 164  48 

Increasing ^^^  '*^ 

Teams,  City    817-819 

Telegraph   poles 870-871 

Regulating 1110-1111 

Signs,  etc.,  on 922-924 


194-195 
206 
276 

217 


Index.  371 

Article.  Page. 

Telephone  company,  franchise  to  J.  B.  Earl  et  al 329 

Tenpin  alley,  etc.^  occupation  tax 1045  §11  248 

Theaters,  circuses,  public  'balls  and  public  dance  houses.  .  .1066-1080  256-258 

Protection  against  fire 274-284  73-77 

Exhibition  of  during  fair  prohibited 1078-1080  258 

Occupation  tax    1045  §14  248 

Ticket  brokers,  occupation  tax 1045  §42  252 

Thoroughfares,  streets,  bridges,  alleys,  etc 868-869  205-206 

Time,   standard   ' 63  29 

Toll  bridges  and  ferries \ 897  212 

Toy   pistols,   etc 743  178 

Trash                                                                                                         \  ^^^-^^'^  1^^"!^^ 

-^^^^^ I  920-921  217 

•Treasurer,   the   City 465-477  125-127 

As  to  sinking  fund,  etc 330  91 

As  to  refunding  bonds 337  93-96 

As  to  sale  of  refunding  bonds 348  102 

Election  of   374  108 

To  register  warrants 363  105-106 

To  pay  warrants 366  106 

Office  estaJblished    371  108 

Keep    paving   fund   accounts 811  194 

Trespassing  on  trains  prohibited 763-764  182-183 

On  private  premises  at  night 745  179 

On    theater    stairs 279  76 

TJ. 

TT    1                  •                                                                                \  370  107 

Unclean   premises -^  gg^  ^^3  jgg_jgg 

Uniforms,    firemen 253  69 

Police « 546  138-139 

Union  Depot    279-280 

United   States  government  sewer 334-336 

V. 

Vacancies  in  office 393-396  113 

Of  Recorder   137  43 

r  172  55 

Of  Mayor  and  Aldermen }  184  57 

I  195  58-59 

Of    Fire    Department 198  60 

(  144  45 

Of  Aldermen    •]  184  57 

(  515-516  135 

In    Plumbing    Board 601  149 

Vacant  lots,  brush,  etc.,  on 369-370  107 

Vagrants,    who    are 1081  259 

Va™.    -vi„g    I  304.31;  ^%>^l 

Vehicles,   public 304-317  85-87 

Vending  on  streets,   etc 928-942  218-219 

Veto 570-574  143-144 

w. 

Wages,  City ' 60-62  28 

Wagons 304-317  85-87 

Yard,   occupation  tax 1045  §22          250 


372  Index. 

Article.  Page. 

Wards 1083-1090  260-262 

Warrants    (City)    360-366  105-106 

Mayor    to   sign 398  114 

Registered  pays  taxes , 1013  239 

Not  to  be  delivered  to  persons  in  arrears 1054  254 

Water,    stagnant,    etc 662-673  162-165 

Regulating 1091-1097  263-264 

Not  to  be  used  during  fire 249  68 

See   "Public   Health." 

Water  and  Light  plant 1091-1113  263-276 

Sale  of  inhibited -j            „,„  i no 

Under  control  of  Water,  Light  and  Power  Commission.  .    502-510  131-134 

Water,  Light  and  Power  Commissionj  the  City 501-511  131-134 

Office   established    ' 371  108 

ITo  keep  record  of  pipe  laying,  etc , 1097  263-264 

Treasurer   of    467  126. 

Water,  Light  and  Power  Plant,  'purchase  of 344 

Water  plugs,   etc 320-322  88-89 

Weeds,  etc.,  on  vacant  lots 369-370  107 

W^eights    and    measures 1113-1114  277 

Wells,    etc 741  17& 

Western  Union  Telegraph  Co 318 

W^hites,   separate  compartments   for 778-787  185-186. 

Wiring,   electric   railroads 1099  273-275 

Generally  .  . 1100-1112  275-276. 

For   lights    1098  264-27a 


m. 


2971ia 


UNIVERSITY  OF  CALIFORNIA  IvIBRARY 


